Kathryn A. Duke v. Harold W. Duke, III
This case involves the modification of a parenting plan. The trial court reduced Father’s time with the parties’ children to four hours of supervised time every other weekend. The trial court so limited the Father’s parenting time as a result of his intentional interference with the children’s relationship with Mother. Father appeals the trial court’s modification of the parenting schedule. In addition, he claims the trial court erred by: (1) limiting Father’s communication with the children; (2) refusing Father’s request to retain an expert to rebut testimony by an expert Mother and Father initially agreed would provide a recommendation about parenting time; (3) excluding certain portions of his treating physician’s testimony; (4) requiring the children to continue counseling sessions with a psychologist; (5) terminating Father’s participation in educational decisions for the children; (6) instituting a permanent injunction against Father; (7) finding Father guilty of six counts of criminal contempt; (8) finding Father in civil contempt; (9) denying Father’s requests to reopen the proof to present newly discovered evidence; and (10) awarding Mother $678,933.05 in attorneys’ fees and discretionary costs. We reverse the judgment of the trial court finding Father in civil contempt. We affirm the judgment in all other respects. |
Williamson | Court of Appeals | |
James David Shell v. State of Tennessee
Petitioner, James David Shell, pled guilty to two counts of possession with intent to sell or deliver a Schedule II controlled substance and one count of driving under the influence. During plea negotiations, Petitioner was offered two alternate sentences by the State: either one year to serve with ten years of probation or seven years to serve with no probation. After consulting with his attorney, Petitioner chose the seven-year sentence. Subsequently, Petitioner filed a petition for post-conviction relief, alleging that his guilty plea was not knowing and voluntary because he was under the influence of several prescribed medications at the time he pled. He also claimed that he received ineffective assistance of counsel. After a hearing, the post-conviction court denied relief, finding that Petitioner failed to prove his claims by clear and convincing evidence. Petitioner appealed. Upon thorough review of the record, we affirm the decision of the post-conviction court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Roderick Jermaine McAlpin
Defendant, Roderick Jermaine McAlpin, was indicted by the Knox County Grand Jury for possession with intent to sell more than .5 grams of cocaine within 1,000 feet of a public school; possession with intent to deliver more than .5 grams of cocaine within 1,000 feet of a public school; possession with intent to sell more than .5 grams of cocaine within 1,000 feet of a child care agency; possession with intent to deliver more than .5 grams of cocaine within 1,000 feet of a child care agency; criminal trespass, and public intoxication. Due to an error in the indictment, the trial court dismissed the public intoxication charge at the State’s request. Defendant was convicted by a jury of the remaining offenses. The four felony drug convictions were merged into one Class A felony conviction of possession with intent to sell more than .5 grams of cocaine within 1,000 feet of a public school. The trial court sentenced Defendant to serve 16 years’ incarceration for this conviction and 30 days, concurrently, for the conviction of criminal trespass. On appeal, Defendant contends that the trial court erred by denying his motion to suppress the crack cocaine, and that the evidence was insufficient to support his convictions. Finding no error, we affirm the judgments of the trial court. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Allen Dale Spicer
The defendant, Allen Dale Spicer, was convicted by a Fayette County Circuit Court jury of aggravated assault with serious bodily injury, a Class C felony. See Tenn. Code Ann. § 39-13-102(a)(1)(A) (2010). The trial court sentenced the defendant as a Range II, multiple offender to ten years’ confinement and ordered the sentence be served consecutively to the sentence in another case. On appeal, he contends that (1) the evidence is insufficient to support his conviction and (2) his sentence is excessive. We affirm the judgment of the trial court. |
Fayette | Court of Criminal Appeals | |
Ben J. Mosby v. McDowell Center for Children
The employee alleged that he sustained a compensable workers’ compensation injury to his left shoulder and knee from a fall at work. The employer denied the claim. The trial court found that the employee did not comply with the notice statute, Tenn. Code Ann. §50-6-201(a)(2008) and dismissed the claim. The employee has appealed, contending that the trial court’s notice ruling was erroneous. The appeal has been referred to the Special Workers’ Compensation Appeals Panel for a hearing and a report of findings of fact and conclusions of law in accordance with Tennessee Supreme Court Rule 51. We find that the evidence does not preponderate against the trial court’s finding and affirm the judgment. |
Lauderdale | Workers Compensation Panel | |
Kristen Ball v. Regions Financial Corporation, et al.
An employee fell in the bathroom at her place of employment and reported pain in her right shoulder and hip. She was treated and released by her authorized physician. Approximately five months after the fall, she developed left knee pain. Five more months later, she developed pain her left hip and lower back. The employee’s knee and back conditions ultimately required surgery, but her employer denied that the fall at work caused her conditions. The trial court disagreed and awarded benefits for the knee and back injuries. The employer appealed. After a thorough review of the record, we conclude that the evidence preponderates against the trial court’s finding that the employee sustained a permanent, work-related injury to her back. We otherwise affirm the judgment of the trial court and remand the case to the trial court for further proceedings. |
Shelby | Workers Compensation Panel | |
Russell Kyle v. State Farm Fire & Casualty Company
An insurance adjuster was injured when he fell from a ladder after inspecting a roof for his employer. Consistent with a voluntary agreement with his employer, the employee received sick leave payments in lieu of temporary total disability payments. After returning to work for two months, the employee retired. In addition to the employee’s medical records, the parties introduced into evidence the deposition of a physician selected through the Medical Impairment Registry. The physician assigned an impairment of nine percent to the body as a whole. The trial court, however, awarded permanent disability benefits based on an impairment of fourteen percent and awarded additional temporary total disability benefits. The trial court also granted the employer a setoff for payments made to the employee pursuant to his accrued sick leave. The employer appealed. We conclude that the trial court erred by awarding a set-off of the payments made under the employer’s sick leave policy and by adopting an impairment rating other than that assigned by the MIR physician. We remand the case for additional proceedings and findings by the trial court. |
Shelby | Workers Compensation Panel | |
Dana Automotive Systems Group, LLC, et al. v. Larry Evans
An employee developed carpal tunnel syndrome while working as a welder and supervisor for his employer. Prior to receiving medical treatment and unrelated to the injury, the employer gave the employee a choice to retire or potentially lose his substantial pension. The trial court held that the Medical Impairment Registry physician’s rating was incorrect and that the statutory one and one-half cap on permanent partial disability benefits did not apply. The employer appealed. After a thorough review of the record, we reverse in part and affirm in part. |
Gibson | Workers Compensation Panel | |
MSK Construction, Inc. v. Mayse Construction Company
This is a breach of an oral contract action in which MSK filed suit against Mayse for failure to pay for the use of equipment and fuel used to fulfill a construction contract between Mayse and the City of Athens. Mayse denied liability. Following a bench trial, the trial court ruled in favor of MSK and awarded damages in the amount of $44,386.37 and prejudgment interest in the amount of $1231.39. Mayse appeals. We affirm the decision of the trial court. |
McMinn | Court of Appeals | |
In Re K.N.B., et al
R.H.R. (“Father”) appeals the trial court’s judgment terminating his parental rights to his daughter, K.N.B., and to another child, S.M.J. (collectively “the Children”). Father is the putative biological father of S.M.J. The Department of Children’s Services (“DCS”) removed the Children and two half-siblings from their mother’s home and placed them in protective custody after police discovered them living in deplorable conditions. They were placed in foster care and subsequently adjudicated dependent and neglected. A year and a half later, DCS filed a petition to terminate parental rights. After a bench 1 trial, the court terminated Father’s parental rights to K.N.B. based on the court’s finding that abandonment grounds were proven by clear and convincing evidence. As to S.M.J., the court terminated Father’s rights based upon his failure to establish paternity. The trial court further found, also by clear and convincing evidence, that termination is in the best interest of the Children. Father appeals.2 He argues, with respect to S.M.J., that the evidence is insufficient. With respect to K.N.B., he asserts that he was incarcerated during a portion of the four-month period immediately preceding the filing of the petition to terminate and, consequently, DCS and the trial court erred in relying upon that four-month period in assessing the grounds of willful failure to visit and willful failure to support. He does not contest the trial court’s best-interest determination. We affirm as to the child S.M.J. and reverse as to K.N.B. |
Sullivan | Court of Appeals | |
State of Tennessee v. Pamela Taylor
The Defendant, Pamela Taylor, was indicted for the first degree premeditated murder of her husband, Michael Taylor. Following a jury trial, she was convicted of second degree murder. The trial court sentenced her as a Range I, violent offender to twenty-one years in the Tennessee Department of Correction. On appeal, the Defendant argues: (1) the trial court erred in declining to suppress her statement to police; (2) the trial court erred in abbreviating voir dire and jury selection, which prevented her from properly questioning prospective jurors and kept her from invoking her last two peremptory challenges; (3) the ex parte communication between two senior attorneys with the district attorney’s office and the trial judge created an appearance of impropriety; (4) the successor judge erred in finding that the presiding judge had satisfied her duty as the thirteenth juror; (5) the trial court erred in admitting opinion testimony requiring specialized and/or expert knowledge; (6) the trial court erred in admitting evidence of her character and her prior bad acts; (7) the State committed pervasive prosecutorial misconduct; (8) the trial court erred in excluding evidence of the victim’s violence, anger, and aggression, which were offered as corroborative evidence that the victim was the first aggressor; (9) the evidence was insufficient to sustain her conviction for second degree murder; and (10) the trial court erred in imposing an excessive sentence. Upon review, the judgment of the trial court is affirmed. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Victor James
A Madison County jury convicted the Defendant, Victor James, of one count of driving on a revoked license. The Defendant also pleaded guilty to an additional count of driving on a revoked license, prior offender, and the trial court sentenced him to eleven months and twenty-nine days in jail. On appeal, the Defendant contends that the evidence presented is insufficient to support his conviction. After a thorough review of the record and the applicable authorities, we affirm the trial court’s judgment. |
Madison | Court of Criminal Appeals | |
Willie Douglas Johnson v. State of Tennessee
The Petitioner, Willie Douglas Johnson, appeals the post-conviction court’s denial of post-conviction relief from his convictions for attempted second degree murder and unlawful possession of a weapon. On appeal, the Petitioner argues that he received ineffective assistance of counsel. Upon review, we affirm the judgment of the post-conviction court. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Jessie Dotson
A jury convicted the defendant, Jessie Dotson, of six counts of premeditated first degree murder for killing his brother, three other adults, and two of his brother’s minor sons at their Memphis, Tennessee home. The jury also convicted the defendant of three counts of attempted first degree murder for attacking with kitchen knives and wooden boards three more of his brother’s minor children who were also present in the home. At the conclusion of the penalty phase of the trial, the jury imposed death sentences for the six first degree murder convictions, finding that the multiple aggravating circumstances applicable to each conviction outweighed the mitigating circumstances beyond a reasonable doubt. At a separate sentencing hearing on the attempted first degree murder convictions, the trial court classified the defendant as a Range II multiple offender, imposed a forty-year sentence for each conviction, and ordered these sentences served consecutively to each other and to the death sentences. The defendant appealed, and the Court of Criminal Appeals affirmed his convictions and sentences. After the case was docketed in this Court, we entered an order identifying five issues for oral argument, in addition to the mandatory 1 review Tennessee Code Annotated section 39-13-206(c)(1) (2014) requires this Court to perform. We now hold that: (1) admission of the defendant’s custodial statements does not constitute plain error; (2) admission of testimony regarding the defendant’s invocation of his right to counsel did not deprive the defendant of a fair trial or violate his right to due process; (3) admission of testimony about a surviving victim’s statements to third parties did not violate the defendant’s state and federal constitutional right to confront the witnesses against him; (4) admission of testimony regarding the defendant’s history of imprisonment did not violate his right to a fair trial; and (5) admission of the pathologist’s testimony about autopsies another pathologist performed did not violate the defendant’s federal and state constitutional right to confront the witnesses against him. We also hold, in accordance with section 39-13-206(c)(1), that: (1) the sentences of death were not imposed in any arbitrary fashion; (2) the evidence supports the jury’s findings that the aggravating circumstances were proven beyond a reasonable doubt; (3) the evidence supports the jury’s findings that as to each first degree murder conviction the aggravating circumstances outweighed mitigating circumstances beyond a reasonable doubt; and (4) the sentences of death are neither excessive nor disproportionate to the penalty imposed in similar cases, considering both the nature of the crimes and the defendant. Accordingly, the judgments of the trial court and the Court of Criminal Appeals upholding the defendant’s convictions of first degree murder and attempted first degree murder and sentences of death and forty years are affirmed. With respect to issues not specifically addressed herein, we affirm the decision of the Court of Criminal Appeals and include relevant portions thereof in an appendix to this opinion. |
Shelby | Supreme Court | |
State of Tennessee v. Jessie Dotson - APPENDIX
Appendix |
Shelby | Supreme Court | |
State of Tennessee v. Jessie Dotson - CONCUR
We concur fully with all of the Court’s opinion except for Section II(E)(4) containing |
Shelby | Supreme Court | |
Kenneth T. Whalum, Jr. v. Shelby County Election Commission
This is an election contest case between the declared winner of a school board race in Shelby County and an unsuccessful candidate. The trial court invalidated the election on the ground that there was “clear uncertainty about the election outcome.” On appeal, the declared winner of the race argues: (1) the unsuccessful candidate has no standing to prosecute his election contest; (2) the trial court erred in failing to dismiss the case pursuant to Tennessee Code Annotated Section 5-1-111(a); and (3) the trial court erred in invalidating the election pursuant to Emery v. Robertson County Election Commission, 586 S.W.2d 103 (Tenn. 1979). We hold that the unsuccessful candidate maintains standing to prosecute this appeal, and that his claim is not moot. Additionally, we affirm the trial court’s denial of the declared winner of the race’s motion to dismiss, but reverse as to the trial court’s judgment declaring the election invalid and ordering a new election. Affirmed in part, reversed in part, and remanded. |
Shelby | Court of Appeals | |
Kenneth T. Whalum, Jr. v. Shelby County Election Commission - Concurring/Dissenting
I fully concur with the result reached in this matter and, specifically, the determination that the election was not invalid, that a new election is not required, and that Mr. Woods is the winner in the 2012 District 4 election to the Shelby County School Board. |
Shelby | Court of Appeals | |
In Re Jayden G.
In this termination of parental rights case, Mother appeals not only the trial court’s findings of severe child abuse and persistent conditions as the grounds for termination, but also the trial court’s conclusion that termination was in the child’s best interest. We affirm the trial court’s finding of severe abuse, but reverse the trial court’s finding that clear and convincing evidence exists to prove the persistence of conditions. We also affirm the trial court’s finding that termination is in the child’s best interest, and therefore, affirm the termination of the Mother’s parental rights. |
Hardin | Court of Appeals | |
The Tennessean, et al. v. Metropolitan Government of Nashville And Davidson County, et al.
Various media outlets made request under the Tennessee Public Records Act for access to records accumulated and maintained by the Metropolitan Nashville Police Department in the course of its investigation and prosecution of an alleged rape in a campus dormitory. When the request was refused, the outlets a filed petition in Chancery Court in accordance with Tennessee Code Annotated § 10-7-505; the State of Tennessee, District Attorney General and alleged victim were permitted to intervene. The court held the required show cause hearing and, following an in camera inspection, granted petitioners access to four categories of records and documents. Petitioners, as well as the Metropolitan Government and Intervenors appeal, raising numerous and various statutory and constitutional issues. We have determined that the records sought are currently exempt from disclosure due to the continuing police investigation and pending prosecution; accordingly, we reverse the judgment of the Chancery Court and dismiss the petition. |
Davidson | Court of Appeals | |
The Tennessean, et al. v. Metropolitan Government of Nashville And Davidson County, et al. - Dissent
The Court’s decision in this case excepts materials that are “relevant to a pending or contemplated criminal action” from disclosure under the Public Records Act based upon Tennessee Rule of Criminal Procedure 16(a)(2). I find such a conclusion inconsistent with a fair reading of Rule 16(a)(2) and, therefore, respectfully dissent. However, because the trial court should have considered the victim’s rights, the criminal defendants’ Sixth Amendment rights under the United States Constitution,and the State’s interests in a fair trial before determining what materials were subject to public inspection, I would vacate the trial court’s ruling and remand for further proceedings. |
Davidson | Court of Appeals | |
In Re: Grace Y.
This appeal involves the termination of a father’s parental rights to his five-year-old daughter. In 2010, the daughter was adjudicated dependent and neglected due to her parents’ substance abuse, and she was placed in the custody of her paternal grandmother and stepgrandfather. In 2013, these same grandparents filed a petition, as prospective adoptive parents, seeking to terminate the father’s parental rights on the statutory ground of persistent conditions. The trial court found that the ground of persistent conditions had been proven by clear and convincing evidence, and it also found by clear and convincing evidence that termination of the father’s parental rights was in the child’s best interest. The father appeals. We affirm. |
Coffee | Court of Appeals | |
Jay Jernigan, et al v. Charles K. Hunter, et al
The parents of the decedent brought this wrongful death action against the individual who pled guilty to voluntary manslaughter of the decedent in a separate criminal proceeding. Following a bench trial, the trial court found the defendant directly and intentionally contributed to the wrongful death of the decedent, and entered judgment against the defendant in the amount of $250,000. The defendant raises numerous issues on appeal. Finding no error, we affirm. |
Davidson | Court of Appeals | |
State of Tennessee v. James William Tawater
Defendant, James William Tawater, was indicted for one count of Class D felony theft of property of $1,000.00 or more in value. A jury found him guilty as charged. The trial court imposed a sentence of six years as a Range II multiple offender. The manner of service of the sentence was ordered to be an alternative sentence of probation, served by split confinement pursuant to Tennessee Code Annotated section 40-35-306, with one year to be served in the county jail followed by five years of probation under the supervision of Community Corrections. Defendant presents three issues in his appeal: (1) the evidence was insufficient to support the conviction; (2) the trial court abused its discretion by imposing the sentence ordered; and (3) the trial court abused its discretion when it determined the amount of restitution owed by Defendant and by failing to ascertain Defendant’s ability to pay restitution. We affirm the conviction and the length and manner of service of the sentence. However, we reverse the restitution portion of the sentence and remand for a new hearing regarding restitution. |
Robertson | Court of Criminal Appeals | |
Leroy Stocklin, Jr. v. Karen R. Lord Et Al.
Plaintiff Leroy Stocklin, Jr., served a non-wage garnishment on Carol Dean, in her capacity as executrix of her mother’s estate, in an attempt to reach the interest of an estate beneficiary, Karen R. Lord. Lord, who is Dean’s sister, is a $10,348 judgment debtor of Stocklin by virtue of a general sessions court judgment. Dean’s attorney acknowledged proper service of the garnishment and represented that it would be satisfied from Lord’s portion of the |
Hamilton | Court of Appeals |