State of Tennessee v. Robert Guerrero
Defendant, Robert Guerrero, appeals from the trial court’s summary denial of his Motion for Correction of Illegal Sentence filed pursuant to Tennessee Rule of Criminal Procedure (Tenn. R. Crim. P.) 36.1. In his motion and on appeal, Defendant asserts that his nine consecutive fifteen-year sentences for nine convictions of attempted first degree murder are illegal. He asserts that by imposing consecutive sentencing, the trial court failed to base its ruling on at least one of seven criteria found in Tennessee Code Annotated (T.C.A.) section 40-35-115. After a thorough review, we affirm the judgment of the trial court. |
Maury | Court of Criminal Appeals | |
Larry Peoples v. State of Tennessee
The Petitioner, Larry Peoples, appeals the denial of his petition for post-conviction relief, challenging his conviction of violation of sex offender registration and sentence of one year. On appeal, the Petitioner argues that he is entitled to post-conviction relief because the underlying sex offense was vacated and he is no longer required to register as a sex offender. After a review of the record and applicable law, we affirm the post-conviction court’s denial of relief. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Ray Rowland
The issue we address is whether a defendant has an appeal as of right from the denial of a Tennessee Rule of Criminal Procedure 41(g) motion for return of property when the defendant did not file a pretrial motion to suppress and pleaded guilty. The defendant was indicted on charges of aggravated assault by use or display of a deadly weapon. Law enforcement officers seized guns and other related items from the defendant’s home. The defendant did not challenge the seizure of his property and pleaded guilty to reduced charges of reckless endangerment. Three years later, he filed a Rule 41(g) motion for the return of property. The trial court dismissed the motion, and the defendant appealed. The Court of Criminal Appeals reversed and remanded, finding that the defendant may be entitled to relief under Rule 41(g) based on the court’s determination that an illegal seizure occurs when, after a conviction, the State retains possession of property that is not stolen and not connected to the commission of a crime. See State v. Rowland, No. W2014-02311-CCA-R3-CD, 2015 WL 6601315, at *3 (Tenn. Crim. App. Oct. 30, 2015), perm. app. granted (Mar. 23, 2016). We hold that the defendant had no appeal as of right under Tennessee Rule of Appellate Procedure 3(b) from the trial court’s order denying the Rule 41(g) motion. The Court of Criminal Appeals erred by hearing the defendant’s appeal when it lacked jurisdiction under Rule 3(b) and by determining that the defendant could be entitled to relief under Rule 41(g). |
Shelby | Supreme Court | |
State of Tennessee v. Perry Mitchell Kirkman
The Defendant, Perry Mitchell Kirkman, pleaded guilty to two counts aggravated sexual battery in 2010 and received a fifteen-year sentence as a Range II offender. Six years later, the Defendant filed a motion pursuant to Tennessee Criminal Procedure Rule 36.1 requesting that the trial court correct an illegal sentence because his sentence exceeds the sentencing range for a Range I offender convicted of a Class B felony. The trial court summarily dismissed the motion after determining that the Defendant knowingly and voluntarily pleaded guilty and agreed to a sentence outside the appropriate sentencing range pursuant to Hicks v. State, 945 S.W.2d 706 (Tenn. 1997).1 On appeal, the Defendant contends that the trial court erred in dismissing his motion. We affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
Paul Richardson v. State of Tennessee
The petitioner, Paul Richardson, appeals the denial of his post-conviction petition, arguing the post-conviction court erred in finding he received effective assistance of counsel at trial. After our review of the record, briefs, and applicable law, we affirm the denial of the petition. |
Shelby | Court of Criminal Appeals | |
Travarious White v. State of Tennessee
The petitioner, Travarious D. White, appeals the denial of his post-conviction petition, arguing the post-conviction court erred in finding he received effective assistance of counsel at trial. Following our review, we affirm the denial of the petition. |
Madison | Court of Criminal Appeals | |
Mitch Goree, et al. v. United Parcel Service, Inc.
This is the second appeal of this employment discrimination case involving two plaintiffs. In the first appeal, Goree v. United Parcel Service, 490 S.W.3d 413 (Tenn. Ct. App. 2015), perm. app. denied (Tenn. March 23, 2016), this Court reversed the judgment as to one plaintiff and affirmed the judgment as to the other plaintiff, the Appellant in the instant case. On remand, the trial court determined that the specific attorney’s fees chargeable to each plaintiff could not be determined and reduced the previous award of attorney’s fees and costs by 50%. Appellant appeals. Discerning no error, we affirm and remand. |
Shelby | Court of Appeals | |
Dale J. Montpelier, et al. v. Herbert S. Moncier, et al.
This is a common law abuse of process case. The plaintiffs contend that the defendant attorney abused otherwise lawful process without authorization and for an improper purpose. The trial court dismissed this case as a matter of law for failure to state a claim upon which relief can be granted pursuant to Rule 12.02(6). We affirm. |
Knox | Court of Appeals | |
Dale J. Montpelier, et al. v. Herbert S. Moncier, et al. - DISSENT
I respectfully dissent from the majority’s opinion in this case. I disagree with the majority’s conclusion that “the complaint fails to state a cause of action for abuse of process.” Applying the appropriate standard of review as correctly articulated by the majority, I believe the complaint does state a claim upon which relief can be granted as to the abuse of process claim. |
Knox | Court of Appeals | |
State of Tennessee v. Rafael Antonio Bush
The Appellant, Rafael Antonio Bush, appeals as of right from the Rutherford County Circuit Court’s summary denial of his Tennessee Rule of Criminal Procedure 36.1 motion to correct an illegal sentence. The gravamen of the Appellant’s complaint is that the trial court improperly enhanced his sentences based upon judicially determined facts in violation of Blakely v. Washington, 542 U.S. 296 (2004). Following our review, we affirm. |
Rutherford | Court of Criminal Appeals | |
Walnut Run Homeowner's Association, Inc. v. Jerry Wayne Wilkerson
The owner of property in a residential subdivision appeals the order of the trial court prohibiting construction of an eight-foot wooden fence. We affirm. |
Hamilton | Court of Appeals | |
Transfill Equipment Supplies & Services, Inc. v. Advanced Medical Equipment, LLC
In this breach of contract case, Transfill Equipment Supplies & Services, Inc. (TESS) sued Advanced Medical Equipment, LLC (AME) for delinquent payments of (1) rent due on TESS’s equipment, (2) purchases of medical oxygen, and (3) the fair market value of rented equipment that AME had not returned to TESS. AME filed a separate lawsuit against TESS seeking damages for conversion of oxygen tanks. After consolidating the cases, the Sumner County General Sessions Court awarded damages to TESS and dismissed all of AME’s claims. AME appealed to the trial court. The court found that AME was guilty of breach of contract due to its failure to make timely payments. As a consequence, the court awarded judgment to TESS in the amount of $34,999.45. The trial court also found that TESS had not converted AME’s oxygen tanks. AME appeals. We affirm. |
Sumner | Court of Appeals | |
Rodney And Tammy Henderson, et al. v. The Vanderbilt University
The trial court granted partial summary judgment to the defendant hospital on the ground that the plaintiffs could not establish that they witnessed or perceived an injury-producing event for purposes of their negligent infliction of emotional distress claims. We hold that the alleged failure of the defendant hospital to provide care to the plaintiffs’ daughter, despite repeated assurances from the hospital that it would occur, constitutes an injury-producing event that was witnessed by plaintiffs. Accordingly, the trial court erred in dismissing plaintiffs’ negligent infliction of emotional distress claims on this basis. |
Davidson | Court of Appeals | |
In Re James V., et al.
This appeal involves the termination of a mother’s parental rights to her two sons. The trial court found by clear and convincing evidence that four grounds for termination were proven and that it was in the best interest of the children to terminate parental rights. Mother appeals but only challenges the best interest determination. We have also reviewed the evidence regarding each ground for termination. We vacate the trial court’s finding regarding one ground for termination but otherwise affirm the trial court’s order and affirm the termination of the mother’s parental rights. |
Overton | Court of Appeals | |
Lemuel Lewis v. Lynn Moore, et al.
In this breach of contract action, the plaintiff entered into a contract with a sole proprietor whereby he purported to purchase 10% of the sole proprietorship. The contract entitled the plaintiff to 10% of the cash withdrawals made from the business's account. It further provided that, should the sole proprietor dissolve the business and form a new entity of which she was a majority owner, the plaintiff would be entitled to 10% of the cash withdrawals taken by the sole proprietor from the new entity. Two years later, the sole proprietor closed the business and formed a new entity, a limited liability company, with another individual. The plaintiff filed suit, alleging breach of contract and violations of the duty of good faith and fair dealing. The trial court found for the sole proprietor, concluding that the sole proprietor was free to close her business at will. It further found that the sole proprietor did not breach the express terms of the contract, nor did she breach her implied duty of good faith and fair dealing, in closing her business and forming the LLC. Discerning no error, we affirm. |
Williamson | Court of Appeals | |
Rodney And Tammy Henderson, et al. v. The Vanderbilt University - dissenting opinion
“The law of negligent infliction of emotional distress has been called ‘one of the most disparate and confusing areas of tort law.’” Lane v. Estate of Leggett, No. M2016-00448-COA-R3-CV, 2017 WL 1176982, at *3 (Tenn. Ct. App. Mar. 29, 2017) (citing Camper v. Minor, 915 S.W.2d 437, 440 (Tenn. 1996)). While this is a statement with which I agree, I must respectfully dissent from the majority opinion. I certainly do not dispute that the Plaintiffs in this case have suffered extreme emotional distress, nor do I mean to discount their grief and suffering as a result of the death of their daughter, Halle Henderson. |
Davidson | Court of Appeals | |
Daniel Paschedag v. Patricia L. Paschedag
This is an appeal from the trial court’s designation of a child’s primary residential parent. After an analysis of the best interest factors set forth in Tennessee Code Annotated section 36-6-106(a), the court concluded that it would be in the child’s best interest to designate Mother as the child’s primary residential parent. Father appealed. Mother has requested attorney’s fees incurred in defending this appeal. We affirm the judgment of the trial court, grant Mother’s attorney’s fees incurred on appeal, and remand to the trial court to determine the proper amount of Mother’s award of attorney’s fees. |
Montgomery | Court of Appeals | |
Town of Collierville, et al. v. Town of Collierville Board of Zoning, et al.
This is the third appeal in an ongoing dispute between the Town of Collierville and the owner of property on which two billboards are situated. On February 12, 2013, the Town filed a petition for writ of certorari, challenging a decision of the Board of Zoning Appeals. Because the petition for writ of certorari does not comply with Tennessee Code Annotated section 27-8-106, the trial court and, therefore, this Court lack subject matter jurisdiction. We vacate the judgment of the chancery court and dismiss the petition. |
Shelby | Court of Appeals | |
State of Tennessee v. Jerome Antonio McElrath
The State appeals the suppression of evidence by the Obion County Circuit Court. The defendant, Jerome Antonio McElrath, was arrested on two separate occasions for criminal trespass. The searches of the defendant’s person incident to those arrests produced marijuana in the amounts of 10.1 grams and 4.0 grams, respectively. After an evidentiary hearing, the trial court granted the defendant’s motion to suppress the evidence seized incident to his arrests and dismissed the charges. The State argues that the arresting officer had probable cause to arrest the defendant and, therefore, the search incident to each arrest was lawful. Furthermore, the State contends that the evidence was legally obtained because the officer acted in good-faith reliance on information provided by dispatch. After review, we affirm the decision of the trial court. |
Obion | Court of Criminal Appeals | |
L.J. Jackson, et al. v. CitiMortgage, Inc.
This appeal involves a dispute between a loan servicer and a family who subsequently defaulted on a mortgage for a piece of property. The loan servicer foreclosed and sold the property according to the express terms of the mortgage note and deed of trust after the family had been in default for multiple years and after multiple failed attempts to seek loan modification. The family sued for breach of contract and the covenant of good faith and fair dealing, promissory estoppel, and intentional misrepresentation, asserting that the loan servicer promised to postpone the foreclosure sale until after completion of the most recent loan modification review process. The trial court granted summary judgment to the loan servicer on all claims. The family appealed on all four issues. We affirm the trial court’s judgment in all respects. |
Shelby | Court of Appeals | |
In Re: Candice H., et al
This appeal arises from the termination of a father’s parental rights. The Tennessee Department of Children’s Services (“DCS”) filed a petition in the Juvenile Court for Montgomery County (“the Juvenile Court”) seeking to terminate the parental rights of Jeffrey H. (“Father”) to his minor children Candice, Danonie, and Izabella (“the Children”). The Children had entered DCS custody after a domestic incident between Father and the Children’s mother. After a trial, the Juvenile Court entered an order finding by clear and convincing evidence that grounds existed to terminate Father’s parental rights and that termination is in the Children’s best interest. Father appealed. Finding it inapplicable to putative biological parent Father, we reverse the ground of failure to establish paternity found as regards the child Danonie. We affirm the rest of the Juvenile Court’s judgment terminating Father’s parental rights to the Children. |
Montgomery | Court of Appeals | |
Antonio L. Fuller v. Blair Leibach, Warden
The Petitioner, Antonio L. Fuller, appeals as of right from the Trousdale County Circuit Court’s summary dismissal of his petition for writ of habeas corpus. The Petitioner contends that the petition stated a cognizable claim for habeas corpus relief. Discerning no error, we affirm the judgment of the habeas corpus court. |
Trousdale | Court of Criminal Appeals | |
State of Tennessee v. John Alfred Waters
The Defendant, John Alfred Waters, appeals as of right from his convictions for aggravated assault, violation of an order of protection, and attempted aggravated burglary. The Defendant contends (1) that there was insufficient evidence to support his convictions for aggravated assault as charged in counts 6, 7, and 8; (2) that the trial court erred when it admitted evidence of the Defendant’s previous conviction for violating an order of protection; and (3) that the trial court erred in allowing a police officer to testify that one of the victims was the “most terrified” victim he had ever seen because such evidence was irrelevant and unduly prejudicial. Following our review, we affirm the judgments of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Ebony Marshall
The Defendant, Ebony Marshall, was convicted upon his guilty pleas of two counts of robbery, a Class C felony. He was sentenced to terms of twelve and thirteen years as a persistent, Range III offender for the offenses. The sentences were imposed to run consecutively, for an effective sentence of twenty-five years. The Defendant filed a motion to withdraw his guilty plea, which the trial court denied. On appeal, the Defendant contends that: (1) the trial court erred in denying his motion to withdraw his guilty pleas, (2) the trial court erred in imposing consecutive sentences, and (3) he was denied his rights to due process and self-representation in the trial court proceedings. We affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals | |
Davarius Smith v. State of Tennessee
The Petitioner, Davarius Smith, appeals as of right from the Lauderdale County Circuit Court’s denial of his petition for post-conviction relief. The Petitioner contends that he was entitled to post-conviction relief based on the following alleged violations of his constitutional rights: (1) that the State withheld exculpatory evidence; (2) that, alternatively, he received ineffective assistance of trial and appellate counsel regarding this undisclosed evidence; (3) that he received ineffective assistance of trial counsel due to trial counsel’s failure to file a motion to suppress a witness’ prior identification of the Petitioner; and (4) that he received ineffective assistance of appellate counsel due to appellate counsel’s failure to challenge an allegedly impermissible comment by the prosecutor during closing arguments and to properly challenge a special jury instruction provided by the trial court. Following our review, we affirm the judgment of the postconviction court. |
Lauderdale | Court of Criminal Appeals |