Sharper Impressions Painting Co., et al v. Dan Yoder
This interlocutory appeal involves the failure of an Ohio corporation to obtain authorization to transact business in Tennessee prior to filing suit. The Ohio corporation filed this action against a former employee, seeking monetary damages and injunctive relief for breach of contract, unjust enrichment, and misappropriation of trade secrets. The former employee moved for partial summary judgment on the ground that the Ohio corporation had not obtained a certificate of authority from the Tennessee Secretary of State, as required by law, and thus was barred from maintaining an action in Tennessee court. The trial court granted the motion but allowed the Ohio corporation thirty days to obtain the certificate. After obtaining the certificate, the Ohio corporation filed a motion to reinstate its claims against the former employee. The trial court denied the motion, ruling that the certificate of authority only allowed the Ohio corporation to maintain an action on claims that arose after the date the certificate of authority was issued. We granted the Ohio corporation’s application for an interlocutory appeal. We conclude, based on the plain language of Tennessee Code Annotated § 48-25-102, that a foreign corporation who has filed an action in a Tennessee court without a certificate of authority may obtain a certificate during the pendency of the case and then prosecute the action. Therefore, we reverse the decision of the trial court and remand for further proceedings. |
Davidson | Court of Appeals | |
Jeff Lowe v. John Smith, et al.
Plaintiff seller filed suit against defendant buyers after buyers stopped paying interest on a line of credit under the terms of a contract for the sale of a convenience store. The trial court concluded that both sides breached the contract. As a result, the trial court ordered that buyers were required to pay the seller the contracted amount, less $16,000.00 resulting from buyer’s breach. Buyers appealed. Discerning no error, we affirm. |
Coffee | Court of Appeals | |
Antwan M. Cartwright v. State of Tennessee
Antwan M. Cartwright (“the Petitioner”) appeals from the post-conviction court’s denial of his petition for post-conviction relief. The Petitioner contends that he was denied the effective assistance of counsel based upon trial counsel’s failure to timely deliver discovery to the Petitioner and because the Petitioner only met with trial counsel four times during counsel’s two-year representation. The Petitioner further argues that, but for trial counsel’s inadequate performance, he would not have accepted the State’s plea offer to serve a twenty-five year sentence at 100%. After a thorough review of the appellate record and applicable law, we affirm the judgment of the post-conviction court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Rickey Lee Brown, Jr.
The appellant, Rickey Lee Brown, Jr., was convicted in the Sumner County Criminal Court of driving under the influence (DUI); DUI per se; DUI, fourth offense; and driving on a revoked license. The trial court merged the first three offenses and sentenced the appellant as a Range II, multiple offender to four years for DUI, fourth offense. The trial court sentenced him to six months in confinement to be served at 75% release eligibility for driving on a revoked license and ordered that the four-year sentence be served consecutively to the six-month sentence. On appeal, the appellant contends that his four-year sentence is excessive. Based upon the record and the parties’ briefs, we affirm the judgments of the trial court. |
Sumner | Court of Criminal Appeals | |
Willie Andrew Cole v. State of Tennessee
Petitioner, Willie Andrew Cole, appeals pro se from the post-conviction court’s summary dismissal of his post-conviction petition for DNA analysis. Petitioner contends that the trial court erred by denying his request for DNA testing pursuant to the Post-Conviction DNA Analysis Act. We affirm the judgment of the post-conviction court. |
Davidson | Court of Criminal Appeals | |
Desmond Shelton Spann v. State of Tennessee
The Petitioner, Desmond Shelton Spann, filed a petition in the Davidson County Criminal Court seeking post-conviction relief from his convictions of possession of 300 grams or more of cocaine with the intent to deliver within 1,000 feet of a school and conspiracy to possess 300 grams or more of cocaine with the intent to deliver within 1,000 feet of a school. The Petitioner alleged that his counsel was ineffective at trial and on appeal. The post-conviction court denied the petition, and the Petitioner appeals. Upon review, we affirm the judgment of the post-conviction court. |
Davidson | Court of Criminal Appeals | |
Torriano Floyd v. State of Tennessee
The petitioner, Torriano Floyd, appeals the denial of his petition for post-conviction relief, arguing that the post-conviction court erred in finding that he received effective assistance of counsel. Following our review, we affirm the denial of the petition. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Michael Frazier
The defendant, Michael Frazier, was convicted by a Shelby County Criminal Court jury of especially aggravated kidnapping, a Class A felony; aggravated robbery, a Class B felony; and carrying a weapon with the intent to go armed, a Class A misdemeanor. He was sentenced by the trial court to an effective term of thirty-seven years, eleven months, and twenty-nine days in the Department of Correction. The sole issue he raises on appeal is whether the evidence is sufficient to sustain his especially aggravated kidnapping and aggravated robbery convictions. Following our review, we affirm the judgments of the trial court. |
Court of Criminal Appeals | ||
John Gray v. State of Tennessee
The petitioner entered pleas of nolo contendere to aggravated robbery, robbery, and fraudulent use of a credit card for which he received an effective sentence of twelve years. He filed the instant post-conviction petition, and following an evidentiary hearing, the post-conviction court denied relief. On appeal, the petitioner contends his guilty plea was not knowingly, intelligently, and voluntarily entered due to ineffective assistance of counsel. Upon review of the record and the applicable law, we affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
Stratford Hall Home Owners' Association v. Roger G. Haley
Homeowners’ association brought suit against homeowner who refused to paint his home as requested. After a bench trial, the court determined that the board of the homeowners’ association had properly exercised its discretion and ordered homeowner to paint his house. Homeowner appeals, contending that the appearance of his home was consistent with the appearance of homes and the common areas of the subdivision. Upon our de novo review, we have determined that the board had authority under the bylaws governing the association and the subdivision’s covenants to require the homeowner to paint his home, and that the board’s action was appropriate. Accordingly, we affirm the judgment. |
Rutherford | Court of Appeals | |
Charles Groves, et al v. Ernst-Western Corporation
This is an accelerated interlocutory appeal from the trial court’s denial of a recusal motion. Having reviewed the trial court’s ruling on the motion pursuant to the de novo standard of review required by Tennessee Supreme Court Rule 10B, we affirm the judgment of the trial court. |
Sumner | Court of Appeals | |
State of Tennessee v. Thomas Edward Kotewa
The defendant, Thomas Edward Kotewa, appeals the summary dismissal of his motion, filed pursuant to Tennessee Rule of Criminal Procedure 36.1, to correct what he believes to be an illegal sentence imposed for his 2006 Anderson County Criminal Court guilty-pleaded conviction of second degree murder. Discerning no error, we affirm. |
Anderson | Court of Criminal Appeals | |
State of Tennessee v. Allen Booker
The defendant, Allen Booker, was convicted by a Shelby County Criminal Court jury of aggravated robbery, a Class B felony, and was sentenced to ten years in the Department of Correction. On appeal, he argues that the trial court erred in denying his motion to suppress his statement and that the evidence is insufficient to sustain his conviction. After review, we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Gregory L. Moody
The trial court found that the Defendant, Gregory L. Moody, violated the conditions of his probation when he was arrested and convicted of multiple crimes in North Carolina and failed to appear at his first meeting with his probation officer. The Defendant asserts that his due process rights were violated by the trial court because of a delayed hearing on the violation of probation and lack of appointed counsel, and he asserts he is entitled to sentencing credits. After a thorough review of the record, we affirm the judgment of the trial court. |
Dyer | Court of Criminal Appeals | |
In Re: Stormie M., et al.
This appeal involves the termination of parental rights with respect to three minor children. The trial court terminated Mother’s parental rights on the grounds of abandonment, substantial noncompliance with the permanency plans, persistent conditions, and severe child abuse. The trial court also terminated the parental rights of the putative father of one of the minor children. On appeal, we conclude that considerations of fundamental due process require us to vacate that portion of the trial court’s final decree terminating the putative father’s parental rights. Concerning Mother’s parental rights, we reverse the trial court’s determination that Mother abandoned the children by willfully failing to support them in the four months preceding the filing of the termination petition. We also reverse the trial court’s finding that clear and convincing evidence established the ground of persistent conditions. However, because clear and evidencing evidence supports at least one ground for termination and that termination is in the children’s best interests, we ultimately affirm the termination of Mother’s parental rights. |
Macon | Court of Appeals | |
In Re: Kenneth G.
This appeal involves the termination of a father’s parental rights to his minor child. Following a bench trial, the trial court found that clear and convincing evidence existed to support the termination of his rights on the statutory grounds of abandonment for failure to visit and to support the child. The court further found that termination was in the best interest of the child. The father appeals. We affirm. |
DeKalb | Court of Appeals | |
State of Tennessee v. Myron Pierre Walton
The Defendant, Myron Pierre Walton, entered guilty pleas in case numbers 232819 and 232878 to two counts of possession of cocaine with intent to sell. The Defendant was sentenced to serve concurrent sentences of eight years on supervised probation. Later, in case number 242679, the Defendant pleaded guilty to aggravated assault. The trial court revoked the Defendant’s probation in cases 232819 and 232878 and sentenced him to serve three years concurrently to the previously-imposed eight-year sentences. On August 21, 2014, the Defendant filed a motion pursuant to Tennessee Criminal Procedure Rule 36.1 requesting that the trial court correct illegal sentences. The trial court summarily denied relief, and the Defendant appealed. This court reversed the judgment of the trial court and remanded the case for further proceedings. On remand, the trial court summarily denied relief because of changes in the controlling law. The Defendant appeals the trial court’s denial of relief. We affirm the judgment of the trial court. |
Hamilton | Court of Criminal Appeals | |
State of Tennessee v. Lajuan Harbison
The Defendant, Lajuan Harbison, was convicted by a Knox County Criminal Court jury of attempt to commit second degree murder, a Class B felony, and employing a firearm during commission of a dangerous felony, a Class C felony. See T.C.A. §§ 39-13-210(a)(1) (2014) (second degree murder), 39-17-1324 (2014) (employing a firearm during the commission of a dangerous felony), 39-12-101(a) (2014) (criminal attempt). The Defendant received an effective sixteen-year sentence. On appeal, the Defendant contends that (1) the evidence is insufficient to support his convictions, (2) the trial court erred by denying his motion for a judgment of acquittal, and (3) the trial court erred by classifying him as a dangerous offender and ordering consecutive service of his effective sentence with his sentence in a previous case. We affirm the judgments of the trial court. |
Knox | Court of Criminal Appeals | |
Paul D. Kennamer, Sr. Et Al. v. Bethany E. Chaffin et al.
This is an appeal from an order dismissing the claims made by the appellant, Paul D. Kennamer, Sr., against the appellees, Bethany E. Chaffin and Maria Kishimoto. Because the claims raised by Dorothy Kennamer in the Amended Complaint remain pending against the appellees, we lack jurisdiction to consider this appeal. |
Hamilton | Court of Appeals | |
Jerome Sidney Barrett v. State of Tennessee
The Petitioner, Jerome Sidney Barrett, appeals from the post-conviction court’s denial of relief from his conviction for first degree premeditated murder. In this appeal, the Petitioner argues that he received ineffective assistance of counsel and that the post-conviction court erred in denying his request for independent DNA testing. Upon review, we are compelled to reverse the judgment of the post-conviction court and remand for new hearings to determine whether the Petitioner is entitled to post-conviction relief and independent DNA testing... |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Kenneth A. Jones
Defendant, Kenneth A. Jones, was convicted of one count of robbery and sentenced to fifteen years. On appeal, Defendant argues that the trial court erred by failing to grant a mistrial after a State’s witness made reference to other crimes of which Defendant was suspected. Upon our review of the record, we affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
Crye-Leike Property Management, et al. v. Nedra Drayton
This is a forcible entry and detainer warrant case. The General Sessions Court for Shelby County entered a default judgment against the Appellant/tenant and granted an order for immediate possession in favor of the property manager and the landlord, Appellees. The Appellant filed a notice of appeal to the Circuit Court for Shelby County, using a pauper's oath in lieu of an appeal bond. The Circuit Court for Shelby County dismissed the appeal, finding that Appellant failed to perfect the appeal because she did not post a possession bond although she retained possession of the property. We affirm and remand. |
Shelby | Court of Appeals | |
Gordon Wayne Davis v. State of Tennessee
The Petitioner, Gordon Wayne Davis, pleaded guilty to multiple felony offenses including one count of possession with intent to sell a Schedule II narcotic in a park zone, two counts of sale of a Schedule II narcotic, one count of possession of a firearm during the commission of a dangerous felony, and one count of simple possession. In accordance with the plea agreement, the trial court sentenced the Petitioner, a Range II offender, to an effective sentence of fifteen years, to be served at 100%. The Petitioner filed a petition for post-conviction relief in which he alleged that he had received the ineffective assistance of counsel and that his guilty plea was not knowingly and voluntarily entered. After a hearing, the post-conviction court dismissed the petition. On appeal, the Petitioner maintains that his counsel was ineffective and that his guilty plea was not knowingly and voluntarily entered. After review, we conclude that the post-conviction court erred when it dismissed the Petitioner's petition for post-conviction relief. We therefore reverse the post-conviction court's judgment. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Charles Ward, Jr.
The defendant, Charles Ward, Jr., appeals as of right from the Davidson County Criminal Court’s denial of his Tennessee Rule of Criminal Procedure 36.1 motion to correct an illegal sentence. The defendant contends that the trial court erred in concluding that Rule 36.1 relief was not available because the alleged illegal sentences had expired prior to the filing of the motion. Following our review, we affirm the trial court’s denial of the defendant’s Rule 36.1 motion. |
Davidson | Court of Criminal Appeals | |
John Barlow v. State of Tennessee
A Shelby County jury convicted the Petitioner, John Barlow, of aggravated child abuse and aggravated child neglect, and the trial court sentenced the Petitioner to an effective sentence of twenty-five years. This Court affirmed the Petitioner's conviction for aggravated child abuse but reversed and dismissed his conviction for aggravated child neglect, noting that the holding did not change his sentence. State v. John Barlow, No. W2008-01128-CCA-R3-CD, 2010 WL 1687772, at *1 (Tenn. Crim. App., at Jackson, Apr. 26, 2010), perm. app. denied (Tenn. Sept. 24, 2010). The Petitioner filed a petition for post-conviction relief in which he alleged that that his trial counsel was ineffective. The post-conviction court, after a hearing, denied the petition. On appeal, the Petitioner contends that the post-conviction court erred when it dismissed his petition. After review, we affirm the post-conviction court's judgment. |
Shelby | Court of Criminal Appeals |