George Campbell, Jr. v. Tennessee Bureau of Investigation
This appeal involves an inmate/Appellant’s petition for the release of public records under the Tennessee Public Records Act. Appellant sought the Tennessee Bureau of Investigation’s (“TBI”) records concerning a criminal investigation. Citing the exemption for TBI investigative records under Tennessee Code Annotated Section 10-7-504(a)(2)(A), the trial court denied Appellant’s motion for summary judgment and dismissed his Tennessee Public Records Act petition. Discerning no error, we affirm. |
Wayne | Court of Appeals | |
Sinan Gider v. Lydia Hubbell
This case involves the modification of an agreed parenting plan under which the child’s mother was the primary residential parent. After the father obtained an injunction to prevent Mother from homeschooling the child, the mother sought to obtain sole decision-making authority. The father then filed a petition seeking to be named primary residential parent and sole decision maker. The juvenile court granted both of the father’s requests and denied the mother’s request. The court also placed several limitations on the mother’s visitation and enjoined her use of social media and from making disparaging remarks about the father to the child or in the child’s presence. We conclude that certain of the restrictions placed on Mother’s communications were overly broad or vague. Accordingly, we modify the injunction the juvenile court placed on Mother’s communications. We affirm the judgment in all other respects. |
Davidson | Court of Appeals | |
Jane Bingham Street v. Ed Street
In this divorce case, Ed Street (Husband) appeals the trial court’s division of property, arguing that he should not have been assigned all of the debt associated with the business assets awarded to him. Husband also asserts that the trial court erred in granting Jane Bingham Street (Wife) an award of monthly alimony in futuro of $2,000. Finding no abuse of discretion, we affirm. |
Washington | Court of Appeals | |
In Re: Jalen O-H.
Father appeals an order of the trial court setting current child support, awarding retroactive child support, and changing the child’s last name to a hyphenated name comprised of Father and Mother’s surnames. Discerning no error, we affirm the judgment of the trial court. |
Davidson | Court of Appeals | |
State of Tennessee v. Scott W. Grammer
Appellant, Scott Grammer, filed a pro se motion to correct an illegal sentence in the Hamilton County Criminal Court pursuant to Tennessee Rule of Criminal Procedure 36.1. The trial court denied the motion, and Appellant appeals the ruling. After a thorough review of the record and applicable law, we affirm the judgment of the trial court. |
Hamilton | Court of Criminal Appeals | |
In Re: B.T.
On October 3, 2015, the Jefferson County Sheriff filed a petition in the Jefferson County Juvenile Court requesting the court to “make inquiry into” an alleged violation of the adult crime of first degree murder by B.T., an eleven-year-old boy. The juvenile court initially set an adjudicatory hearing for October 28, 2015, but the court later granted two continuances at the request of the State. B.T. filed a petition for writ of certiorari and motion to dismiss in the Circuit Court for Jefferson County seeking dismissal of the petition against him on the basis that the juvenile court erred in granting the continuances. On January 6, 2016, the circuit court held a hearing on the respondent’s filings. The court took the matter under advisement pending the juvenile court’s adjudicatory hearing scheduled for January 22, 2016. B.T. appeals. We affirm. |
Jefferson | Court of Appeals | |
Richard Lane, et al v. Estate of Gary K. Leggett
This appeal arises from an action to recover for emotional injuries allegedly sustained when the decedent/defendant’s automobile drove into Plaintiff’s business, struck a gas meter, and started a fire, which destroyed the business. The Plaintiff filed suit alleging causes of action for negligence and negligence per se and sought damages for emotional distress. The Defendant moved for summary judgment on the ground that Tennessee law does not recognize a cause of action for emotional injuries arising out of damage to or loss of property. The trial court granted summary judgment to Defendant on the negligent infliction of emotional distress claims, finding that Plaintiff did not establish that the injury was the proximate and foreseeable result of the Defendant’s negligence. The court dismissed the remaining claim on the basis of the prior suit pending doctrine due to a pending interpleader action filed by Defendant’s liability insurer. Plaintiff appeals; we affirm the judgment of the trial court. |
Sumner | Court of Appeals | |
Ronald G. Freeze, et al. v. Tennessee Farmers Mutual Insurance Company
Ronald G. Freeze and Carla R. Freeze (“Plaintiffs”) appeal the order of the Circuit Court for Sevier County (“the Trial Court”) granting summary judgment to Tennessee Farmers Mutual Insurance Company (“Tennessee Farmers”). The Trial Court found and held that material misrepresentations made by Plaintiffs on their application for property owner’s insurance increased the risk of loss thereby causing the insurance policy to be void pursuant to Tenn. Code Ann. § 56-7-103. We find and hold that Tennessee Farmers made a properly supported motion for summary judgment showing that Plaintiffs could not establish an essential element of their claim for insurance benefits, and that Plaintiffs failed to show that there were genuine disputed issues of material fact. We, therefore, affirm the grant of summary judgment to Tennessee Farmers. |
Sevier | Court of Appeals | |
In Re Ja'Miya T.
This is a termination of parental rights case. The trial court terminated Appellant/Father’s parental rights on the grounds of: (1) abandonment by willful failure to support; and (2) persistence of conditions. Because the grounds for termination of Father’s parental rights are met by clear and convincing evidence, and there is also clear and convincing evidence that termination of Father’s parental rights is in the best interest of the child, we affirm and remand. |
Shelby | Court of Appeals | |
State of Tennessee v. Marchello Karlando Gossett
The Defendant, Marchello Karlando Gossett, was convicted by a Tipton County jury of possession with intent to deliver 0.5 grams or more of cocaine and two counts of felony possession of a handgun and was sentenced to serve thirty years at sixty percent in the Department of Correction. On appeal, the Defendant contends that: (1) the trial court erred by denying his motion to dismiss the indictment; (2) the evidence was insufficient to support his conviction for possession with intent to deliver 0.5 grams or more of cocaine; (3) the trial court erred by failing to compel the State to disclose information about the confidential informant; (4) the trial court erred in curtailing the Defendant’s cross-examination of the confidential informant; (5) the trial court erred in denying his motion for a mistrial; (6) the trial court erred by allowing the State to introduce inadmissible hearsay into evidence; (7) the State committed prosecutorial misconduct; (8) the trial court erred in admitting certain exhibits into evidence when the State failed to establish chain of custody; (9) the trial court erred by failing to charge simple possession and casual exchange as lesser-included offenses; (10) the trial court erred by allowing the State to read the indictment which contained “the name and nature of the Defendant’s prior felony conviction”; and (11) cumulative error requires reversal. Following a thorough review of the record and applicable authorities, we affirm the judgments of the trial court. |
Tipton | Court of Criminal Appeals | |
Stephen Michael West, et al. v. Derrick D. Schofield, et al
The Plaintiffs, each convicted of first degree murder and sentenced to death, brought this declaratory judgment action seeking to have declared facially unconstitutional the written protocol by which the Tennessee Department of Correction carries out an execution by lethal injection. After a lengthy evidentiary hearing, the trial court denied relief. The Plaintiffs appealed and, following a motion by the Defendants, this Court assumed jurisdiction over this matter. The Plaintiffs assert three grounds for relief in their brief to this Court: (1) the protocol is unconstitutional because it creates a substantial risk of serious harm; (2) the protocol is unconstitutional because it creates a substantial risk of a lingering death; and (3) the trial court erred by dismissing their claim that the protocol is unconstitutional because it requires the State to violate federal drug laws. We hold that the trial court did not err in concluding that the Plaintiffs failed to carry their burden of demonstrating that the protocol, on its face, violates the constitutional prohibitions against cruel and unusual punishment. We also hold that the trial court did not err in dismissing the Plaintiffs’ claims that the protocol requires violations of federal drug laws. Accordingly, we affirm the trial court’s judgment. |
Davidson | Supreme Court | |
Judith Moore-Pennoyer v. State of Tennessee, et al
We granted permission to appeal to clarify the nature of the employment relationship of a trial judge’s secretarial assistant. We hold that a trial judgeʼs secretarial assistant is an at-will employee. As a result, the secretarial assistant’s employment may be terminated at any time during the term of the trial judge to whom he or she is assigned, either by the judge or the secretarial assistant. If the relationship is not terminated during the trial judge’s term, the secretarial assistant’s employment automatically terminates when the trial judge’s service ends. Because the plaintiff secretarial assistant’s employment automatically ended when the trial judge’s term ended and because she remained employed until the end of the trial judge’s term, as a matter of law, the defendant did not tortiously interfere with the plaintiff’s employment relationship. Accordingly, we reverse the judgment of the Court of Appeals, vacate the judgment of the trial court, and remand for entry of a judgment granting the defendant’s motion to dismiss the plaintiff’s complaint, and for any further proceedings, consistent with this decision, that may be necessary in the trial court. |
Knox | Supreme Court | |
Timothy Tippit, et al. v. Anthony Kirkland, et al.
This is a boundary dispute case in which the trial court determined that defendant property owners did not adversely possess the property in question. Upon a thorough review of the record, we have determined that appellants did not sustain their burden to demonstrate adverse possession; accordingly, we affirm the judgment of the trial court. |
Monroe | Municipal Courts | |
Ronald G. Freeze, et al. v. Tennessee Farmers Mutual Insurance Company
Ronald G. Freeze and Carla R. Freeze (“Plaintiffs”) appeal the order of the Circuit Court for Sevier County (“the Trial Court”) granting summary judgment to Tennessee Farmers Mutual Insurance Company (“Tennessee Farmers”). The Trial Court found and held that material misrepresentations made by Plaintiffs on their application for property owner’s insurance increased the risk of loss thereby causing the insurance policy to be void pursuant to Tenn. Code Ann. § 56-7-103. We find and hold that Tennessee Farmers made a properly supported motion for summary judgment showing that Plaintiffs could not establish an essential element of their claim for insurance benefits, and that Plaintiffs failed to show that there were genuine disputed issues of material fact. We, therefore, affirm the grant of summary judgment to Tennessee Farmers. |
Sevier | State Court Clerks | |
State of Tennessee v. Mitchell Blake Puckett
A Cheatham County Circuit Court Jury convicted the Appellant, Mitchell Blake Puckett, of attempted first degree premeditated murder, a Class A felony, for which he received a sixteen-year sentence. On appeal, the Appellant challenges the sufficiency of the evidence sustaining his conviction. He concedes that the evidence established he committed attempted second degree murder but maintains that the State failed to adduce proof of premeditation to sustain a conviction of first degree murder. Upon review, we affirm the judgment of the trial court. |
Cheatham | Court of Criminal Appeals | |
State of Tennessee v. Tyrone Batts
A Davidson County Criminal Court Jury convicted the Appellant, Tyrone Batts, of two counts of rape, a Class B felony; one count of attempted rape, a Class C felony; and one count of robbery, a Class C felony. After a sentencing hearing, the Appellant received an effective thirty-six-year sentence. On appeal, the Appellant contends that the evidence is insufficient to support his robbery conviction, that the trial court erred by allowing a nurse practitioner to testify about statements made by the victim, that the trial court erred by allowing the prosecutor to make improper comments during the State’s closing arguments, that his separate convictions for rape and attempted rape violate due process and double jeopardy, and that the trial court erred by imposing the maximum punishment in the range for each offense and consecutive sentencing. Based upon the record and the parties’ briefs, we affirm the judgments of the trial court. |
Davidson | Court of Criminal Appeals | |
Bobby Murray, et al. v. Dennis Miracle, et al.
This is the third appeal in this suit; on remand from the prior appeal the court considered whether a discovery sanction previously imposed upon Plaintiffs was reasonable and the amount of damages to be awarded Defendants for defending the previous appeal, which was deemed frivolous. The trial court upheld the discovery sanction and awarded Defendants $8,488.50 in damages for the prior appeal. Plaintiffs appeal, contending that the trial court abused its discretion in affirming the prior sanction and in making the award for the frivolous appeal. Discerning no error, we affirm the trial court; we declare this appeal frivolous and remand the case for a determination of damages. |
Roane | Court of Appeals | |
In Re Proceeding To Enforce Judgment Against National Partitions, Inc.
American Plastics Technologies, Inc. (APT) and RAO Design, International, Inc. (RDI) (collectively the Plaintiffs) brought this action in the trial court seeking to enroll an Illinois judgment against National Partitions (NP). The judgment had been awarded by the Circuit Court of Cook County, Illinois. NP filed an answer questioning the jurisdiction of the Illinois court. NP coupled its answer with a counterclaim asserting that the Plaintiffs had been guilty of the initial breach of the contract. Following a hearing, the trial court decreed registration of the Illinois judgment and ultimately dismissed NP‘s counterclaim. NP appeals. We affirm |
Knox | Court of Appeals | |
Dialysis Clinic, Inc. v. Kevin Medley, et al
Appellants appeal the trial court’s denial of their motion to recuse on the ground that the trial court conducted an impermissible ex parte communication with counsel for the opposing party. The dispute in this case stems from Appellants’ pursuit of several documents that the opposing party claimed were privileged. In the course of hearing proof on the claimed privilege, the trial court announced its intention to conduct an ex parte hearing concerning the documents with only the opposing party present. Appellants did not object to the hearing. After the hearing was conducted, however, Appellants moved to recuse the trial judge on the basis that he had engaged in prohibited ex parte communications. The trial court promptly denied the recusal motion. Discerning no error, we affirm. |
Davidson | Court of Appeals | |
State of Tennessee v. Andrew Boykin
The Appellant, Andrew Boykin, pled guilty in the Madison County Circuit Court to possession of one-half gram or more of cocaine with intent to sell, possession of one-half gram or more of cocaine with intent to deliver, possession of drug paraphernalia, criminal impersonation, and evading arrest. The trial court merged the convictions for possession of cocaine, and the Appellant received an effective ten-year sentence. On appeal, he contends that his sentence is excessive and that the trial court should have ordered alternative sentencing. Based upon the record and the parties’ briefs, we affirm the judgments of the trial court. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. James Allen Ballew
In this second appeal of the amount of restitution ordered in a Class E felony theft case, the defendant, James Allen Ballew, appeals the $36,473.00 at the rate of $50 per month that the trial court ordered he pay to the victim lumber company, arguing that the amount is unreasonable given the evidence of the victim’s losses presented at the second restitution hearing, the two-year length of his sentence, and his financial resources and future ability to pay. The State concedes that the trial court erred by imposing an amount of restitution that the defendant could not reasonably be expected to pay and by ordering a payment schedule that exceeds the length of the sentence. Following our review, we reverse the judgment of the trial court with respect to restitution and remand for further proceedings consistent with this opinion. |
White | Court of Criminal Appeals | |
James R. Goan et al. v. Billy B. Mills
Plaintiff James R. Goan’s mail delivery vehicle was rear-ended by a vehicle driven by Billy B. Mills as Plaintiff was delivering mail. The Plaintiff and his wife, Judy Goan, sued Mills. During settlement negotiations, Plaintiffs offered to settle for $100,000, the limits of Defendant’s insurance policy. Defendant accepted the offer on December 4, 2013. Over a year later, Defendant filed a motion to enforce the settlement agreement. The Plaintiffs opposed the motion, arguing that there had been no meeting of the minds and no enforceable agreement. The trial court enforced the settlement agreement. The Plaintiffs appeal. We affirm. |
Hawkins | Court of Appeals | |
Mrs. Bobby Patterson v. State of Tennessee
The Appellant appeals the dismissal of a complaint filed in the Tennessee Claims Commission. Because the record does not support the Claims Commission’s grounds for dismissing the case, we reverse and remand for further proceedings consistent with this Opinion. |
Court of Appeals | ||
Ronald Cauthern v. State of Tennessee
Ronald Cauthern (“the Petitioner”) filed a petition for writ of error coram nobis in the Gibson County Circuit Court, alleging that he was entitled to a new trial based on newly discovered evidence. The coram nobis court summarily denied the petition after concluding that the petition was untimely. The Petitioner now appeals the denial of coram nobis relief. Upon review, we affirm the coram nobis court’s determination that the Petitioner’s claim regarding an unedited videotape is time-barred. However, we reverse the judgment of the coram nobis court as to the Petitioner’s claim regarding lab bench notes and remand for the coram nobis court to determine whether the Petitioner is entitled to due process tolling on this claim. |
Gibson | Court of Criminal Appeals | |
Ronnie Lamont Harshaw v. State of Tennessee
The Petitioner, Ronnie Lamont Harshaw, pled guilty to two counts of attempted first degree murder, Class A felonies; three counts of aggravated assault, Class B felonies; reckless endangerment by firing into an occupied habitation, a Class C felony; two counts of being a convicted felon in possession of a firearm, Class D felonies; and two counts of employing a firearm during the commission of a dangerous felony, Class C felonies. He received an effective sentence of thirty-six years. The Petitioner filed a petition for post-conviction relief, alleging that his trial counsel was ineffective and that his guilty pleas were not knowingly and voluntarily entered. The post-conviction court denied the petition, and the Petitioner appeals. On appeal, the Petitioner also argues that the criminal gang enhancement statute, which was applied to increase his aggravated assault convictions from Class C felonies to Class B felonies, is unconstitutional. Upon review, we conclude that pursuant to State v. Bonds, 502 S.W.3d 118 (Tenn. Crim. App. 2016), the criminal gang enhancement statute is unconstitutional; therefore, we must reverse the judgments for the aggravated assault convictions in counts three, four, and five in case number 100379; vacate the criminal gang enhancements in those convictions; and remand for entry of judgments reflecting that each aggravated assault conviction is a Class C felony with a sentence of fifteen years. The Petitioner's total effective sentence remains the same. The judgments of conviction are affirmed in all other respects. |
Knox | Court of Criminal Appeals |