Mark Alan Deakins v. State of Tennessee
The petitioner, Mark Alan Deakins, filed a petition for a writ of habeas corpus, asserting that he had “flattened” his sentences for his convictions of especially aggravated sexual exploitation of a minor, sexual exploitation of a minor, and statutory rape. He alleged that the Tennessee Department of Correction improperly calculated his pretrial jail credits and sentencing credits. The habeas corpus court denied the petition, and the petitioner appeals. Upon review, we affirm the judgment of the habeas corpus court. |
Davidson | Court of Criminal Appeals | |
Rhonda Kyle v. Volunteer Home Care of West Tennessee, Inc.
An employee sustained a work-related injury to her back while working as a nursing assistant for her employer. The employee received medical care, returned to work, but experienced pain in performing her job. Two years later, the employee resigned, citing back pain related to her work. After an unsuccessful Benefit Review Conference, the employee filed an action for workers’ compensation benefits. The trial court determined that the employee did not make a meaningful return to work following her injury and awarded permanent partial disability benefits in excess of one and one-half times the employee’s anatomical impairment rating. The employer appealed, arguing that the trial court erred by concluding that the employee did not make a meaningful return to work. After a thorough review of the record, we affirm the judgment of the trial court. |
McNairy | Workers Compensation Panel | |
Anil Construction, Inc. v. Patrick D. McCollum, Individually and d/b/a Pat's Custom Cabinets
This appeal involves an alleged breach of a construction contract. The plaintiff general contractor hired the defendant subcontractor to build cabinetry for a new movie theater. The work was to be completed by the time the movie theater opened. At the time of the opening, some items regarding the cabinets remained undone, and the contractor refused to pay until the work was completed. The general contractor filed this lawsuit for breach of contract for failure to complete the project in a timely manner and for defective work, and the defendant subcontractor filed a counterclaim for breach of contract for failure to pay under the contract. The trial court held in favor of the subcontractor and awarded damages. The general contractor now appeals. We vacate the trial court’s judgment and remand the matter for findings of fact and conclusions of law as required under Tennessee Rule of Civil Procedure 52.01. |
Madison | Court of Appeals | |
John M. Reitz v. Trinet HR Corporation et al.
In this case, the employee alleged tha he sustained a compensable aggravation of preexisting arthritis in his knee as a result of a fall at work. His employer denied that he had a permanent disability as a result of the event. The trial court awarded benefits, and the employer has appealed. 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 pursuant to Tennessee Supreme Court Rule 51. We affirm the judgment. |
Wilson | Workers Compensation Panel | |
State of Tennessee v. June Loudermilk
June Loudermilk (“the Defendant”) was convicted by a jury of driving under the influence (“DUI”), fourth offense. After a hearing, the trial court sentenced the Defendant to two years in the workhouse, suspended to supervised probation after seven months in confinement. In this direct appeal, the Defendant attacks the validity of his indictment and also contends that the trial court’s jury charge was so defective as to entitle him to a reversal of the jury’s determination that he was a multiple DUI offender. Upon our thorough review of the record and applicable law, we modify the trial court’s judgment of conviction and remand this matter for resentencing. |
Shelby | Court of Criminal Appeals | |
Tennison Brothers, Inc. v. William H. Thomas, Jr.
After a default judgment was entered against Appellee and in favor of Appellants on claims of intentional interference with business relationships, common law and statutory inducement to breach a contract and intentional interference with a contract, and breach of contract, a writ of inquiry hearing was held to determine the appropriate amount of damages to which the Appellants were entitled. Therein, the trial court went outside the pleadings to consider the issue of liability. We conclude that the trial court erred in considering the issue of liability because the well-pled facts contained in the Appellants’ respective complaints were dispositive on that question upon the grant of default judgment. Our review of the complaints leads us to conclude that the Appellants have set forth sufficient facts to prove the prima facie elements of their causes of action. Accordingly, Appellants are entitled to damages, and the trial court erred in denying them. Therefore, we reverse the trial court’s order, and remand for a determination of damages. Reversed and remanded. |
Shelby | Court of Appeals | |
State of Tennessee v. Elmer Herbert Simpson
The defendant, Elmer Herbert Simpson, appeals his Hawkins County Criminal Court jury convictions of possession of a Schedule III drug with intent to deliver, see T.C.A. § 39-17- 417(a)(4), (d)(1), and maintaining a dwelling where controlled substances are kept or sold, see id. § 53-11-401(a)(5), both Class D felonies. On appeal, the defendant challenges the sufficiency of the convicting evidence and the propriety of his effective three-year sentence. We affirm the judgments of the trial court. |
Hawkins | Court of Criminal Appeals | |
State of Tennessee v. Michael Kent Walker
Pursuant to a plea agreement, the Defendant, Michael Kent Walker, pleaded guilty to selling Schedule I and Schedule II controlled substances in a drug-free zone. The plea agreement provided that the Defendant would receive concurrent Range I sentences for one Class B felony and one Class C felony, with the trial court to determine his sentences. Following a sentencing hearing, the trial court sentenced the Defendant to serve an effective sentence of twelve years of incarceration. The Defendant asserts that the trial court abused its discretion in ordering an effective twelve-year sentence. After a thorough review of the record and applicable law, we affirm the trial court’s judgments. |
Putnam | Court of Criminal Appeals | |
State of Tennessee v. Leslie Warren Blevins
The Fentress County Grand Jury indicted Appellant, Leslie Warren Blevins, with three counts of aggravated assault. After a jury trial, Appellant was convicted of one count of aggravated assault and two counts of assault. As a result, he was sentenced to an effective sentence of five years in confinement. Appellant appeals, challenging both the sufficiency of the evidence and his sentence. After a review of the record and the applicable authorities, we determine that the evidence was sufficient to support the conviction and that the trial court did not abuse its discretion in sentencing Appellant. Accordingly, the judgments of the trial court are affirmed. |
Fentress | Court of Criminal Appeals | |
In Re Lauren S.
Father petitioned the trial court to, inter alia, modify the residential parenting schedule set forth in the permanent parenting plan. By a preponderance of the evidence, the trial court found that there was no material change in circumstances that would justify a change in the residential parenting schedule and, accordingly, dismissed Father’s petition. We reverse and remand. |
Dyer | Court of Appeals | |
Ricardo Torres v. Precision Industries, P.I., d/b/a Precision Industries, Terry Hedrick and Vicki Hedrick
This appeal involves whether an unauthorized alien has standing to bring a retaliatory discharge claim. The appellant employee, an undocumented worker, alleged that the appellee employer terminated his employment as a direct result of the employee asserting a workers’ compensation claim. The employer moved for summary judgment, arguing that the employee could not bring a claim for retaliatory discharge because he was not legally authorized to work in Tennessee or capable of performing the job from which he was fired. The trial court granted summary judgment based solely on the illegal status of the employee, concluding he was incapable of employment, and therefore, could not assert a claim for retaliatory discharge. We reverse, holding that the undocumented employee does have standing to bring a retaliatory discharge claim and remand for further proceedings. |
Hardeman | Court of Appeals | |
State of Tennessee v. Travis Wilson
A Sullivan County Criminal Court Jury convicted the appellant, Travis Wilson, of driving under the influence (DUI), second offense; unlawful carrying or possession of a weapon; possession of drug paraphernalia; and possession of a handgun while under the influence. After a sentencing hearing, the trial court sentenced the appellant to eleven months and twenty-nine days for each conviction, with release eligibility after service of seventy-five percent of the sentences. The trial court ordered that the appellant serve the DUI sentence in confinement and the remaining sentences on probation. The court further ordered that the sentences for possession of drug paraphernalia and DUI, second offense, be served concurrently with each other but consecutively to the remainder of the sentences. On appeal, the appellant contends that the trial court erred by allowing two Tennessee Bureau of Investigation (TBI) agents to testify as experts about the effects of drugs on human performance; that the trial court erred by failing to exclude his blood test results; that the trial court erred by failing to require the State to refer to “bath salts” by their chemical name; that the evidence is insufficient to support the convictions; and that the trial court erred in sentencing. Based upon the oral arguments, the record, and the parties’ briefs, we affirm the judgments of the trial court. |
Sullivan | Court of Criminal Appeals | |
Timothy W. Hudson v. Delilah M. Grunloh, et al.
This appeal is from a Final Default Judgment entered against the Defendant, Northridge Package Store, LLC (“Northridge”). In the order granting judgment against Northridge, the trial court also accepted the voluntary dismissal without prejudice of all claims filed by the Plaintiff, Timothy W. Hudson (“Hudson”), against the Defendant, Delilah M. Grunloh (“Grunloh”). Because only Grunloh has appealed from the judgment and the judgment is not adverse to her, we grant Hudson’s motion to dismiss this case for lack of jurisdiction. |
Washington | Court of Appeals | |
State of Tennessee v. Tony Demarcus Williams
Defendant, Tony Demarcus Williams, was indicted by the Knox County Grand Jury for possession of more than .5 grams of cocaine within a school zone with the intent to sell and possession of more than .5 grams of cocaine within a school zone with intent to deliver. A petit jury convicted Defendant as charged, and the trial court merged the two convictions. The trial court sentenced Defendant to 15 years in confinement. Defendant asserts on appeal that the trial court erred in denying his motion to suppress the search warrant; that accomplice testimony was not sufficiently corroborated; and that the trial court erred by not allowing Defendant to make a proffer of evidence at the hearing on the motion for new trial regarding alleged prosecutorial misconduct. Finding no error, we affirm the judgment of the trial court. |
Knox | Court of Criminal Appeals | |
Mike Settle a/k/a Michael Dewayne Settle v. Jerry Lester, Warden, State of Tennessee
The Petitioner, Mike Settle a/k/a Michael Dewayne Settle, appeals the Lauderdale County Circuit Court’s dismissal of his petition seeking a writ of habeas corpus. The Petitioner contends that, because his sentence is illegal because it was ordered to run concurrently with a federal sentence he had received in another case rather than consecutively, the habeas corpus court erred when it dismissed his petition. Upon a review of the record in this case, we are persuaded that the habeas corpus court properly dismissed the petition. Accordingly, the judgment of the habeas corpus court is affirmed. |
Lauderdale | Court of Criminal Appeals | |
Anthony Boyland v. State of Tennessee
The Petitioner, Anthony Boyland, appeals the Shelby County Criminal Court’s denial of his petition for post-conviction relief from his convictions for first degree felony murder, aggravated assault, and aggravated burglary and his effective life sentence. The Petitioner contends that he received the ineffective assistance of counsel. We affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
In Re: Jackson G. Et Al
The father of two minor children appeals the trial court’s decision to terminate his parental rights. The trial court terminated the father’s parental rights upon finding two grounds of abandonment, failure to visit and failure to support, and finding that terminating the father’s parental rights would be in the children’s best interests. We affirm. |
Hickman | Court of Appeals | |
In Re: Aaron E.
Angela E. (“Mother”) appeals the termination of parental rights to her minor child, Aaron E. The Tennessee Department of Children’s Services (“DCS”) placed the child in protective custody based upon evidence of physical abuse. The abuse occurred while the child was in the care of Mother’s boyfriend. The Juvenile Court later made a finding that the child was dependent and neglected and granted temporary custody to DCS. DCS ultimately filed a petition to terminate Mother’s and the father’s parental rights. The Juvenile Court terminated the father’s parental rights at a separate hearing, and the matter proceeded to trial against Mother only. Following the trial, the Juvenile Court entered an order also terminating Mother’s parental rights, relying on the grounds of abandonment and persistence of conditions. We have determined that the record contains clear and convincing evidence to support terminating Mother’s parental rights on one of the two grounds relied upon by the Juvenile Court and to support the court’s conclusion that terminating Mother’s parental rights is in the child’s best interest. |
Maury | Court of Appeals | |
State of Tennessee v. Kwaku Aryel Okraku
The defendant, Kwaku Aryel Okraku, was convicted of one count of aggravated child neglect where the neglect caused serious bodily injury to the child, a Class A felony, one count of aggravated child neglect where a controlled substance was used to accomplish the neglect, a Class A felony, and one count of reckless homicide, a Class D felony. He received a sentence of sixty years for each conviction of aggravated child neglect and a twelve-year sentence for reckless homicide, all to be served concurrently, for an effective sentence of sixty years. On appeal, the defendant argues that the trial court erred in denying his motion for judgment of acquittal because the evidence is insufficient to support his convictions; the trial court erred in permitting the jury to hear testimony regarding a prior incident involving drugs; and the trial court erred in permitting testimony about the defendant’s statements about selling cocaine. After reviewing the record, we affirm the judgments of the trial court but remand the case for entry of a corrected judgment sheet that reflects the merger of the aggravated child neglect convictions, with aggravated child neglect through the use of a controlled substance remaining as the sole conviction for aggravated child neglect. |
Davidson | Court of Criminal Appeals | |
Donriel A. Borne v. Celadon Trucking Services, Inc. - Dissenting In Part
I concur with the majority Opinion’s rulings with regard to the procedural issues in this case, as well as its reversal of the trial court’s remittitur of the loss of earning capacity damages. However, because I disagree with the majority’s procedure in further remitting the jury’s verdict with regard to loss of enjoyment of life damages, I must respectfully dissent, in part, from the majority Opinion. |
Shelby | Court of Appeals | |
In Re Gabriel V.
Father in this juvenile court custody dispute has filed a Tenn. Sup. Ct. R. 10B petition for recusal appeal seeking an interlocutory appeal as of right from the trial court’s denial of his motion for recusal. Having reviewed the petition for recusal appeal de novo as required by Rule 10B, §2.06, we summarily affirm the trial court’s denial of the motion for recusal. |
Davidson | Court of Appeals | |
Valley Forge Insurance Company v. State of Tennessee
Five separate groups of Pennsylvania-domiciled insurance companies filed five separate tax refund claims in which each challenges the imposition of retaliatoryinsurance premium taxes by the Tennessee Department of Commerce and Insurance pursuant to Tenn. Code Ann. § 56-4-218. The central issue presented is whether Pennsylvania’s surcharges or assessments forthree Workmen’s Compensation funds are imposed upon Tennessee-domiciled insurance companies doing business in Pennsylvania and, therefore, fall within Tennessee’s retaliatory insurance premium tax statute. The Tennessee Claims Commission ruled in favor of the state and all of the Pennsylvania insurance companies appealed. Finding no error, we affirm. |
Court of Appeals | ||
In The Matter Of: Terry S.C., Trevin S.C., Trustin S.C.
This is a termination of parental rights case. Mother’s parental rights were terminated on the grounds of abandonment by willful failure to visit, Tenn. Code Ann. § 36-1-113(g)(1), 36-1102(1)(A)(i); abandonment by willful failure to support, Tenn. Code Ann. § 36-1-113(g)(1), 36-1-102(1)(A)(i); abandonment by failure to establish a suitable home, Tenn. Code Ann. § 36-1-113(g)(1), 36-1-102(1)(A)(ii); substantial noncompliance with a permanency plan, Tenn. Code Ann. § 36-1-113(g)(2); and persistence of conditions, Tenn. Code Ann. § 36-1113(g)(3). We reverse in part and we affirm in part; we affirm the termination of Mother’s parental rights. |
Lincoln | Court of Appeals | |
Chartis Casualty Company et al. v. State of Tennessee
Five separate groups of Pennsylvania-domiciled insurance companies filed five separate tax refund claims in which each challenges the imposition of retaliatory insurance premium taxes by the Tennessee Department of Commerce and Insurance pursuant to Tenn. Code Ann. § 56-4-218. The central issue presented is whether Pennsylvania’s surcharges or assessments forthree Workmen’s Compensation funds are imposed upon Tennessee-domiciled insurance companies doing business in Pennsylvania and, therefore, fall within Tennessee’s retaliatory insurance premium tax statute. The Tennessee Claims Commission ruled in favor of the state and all of the Pennsylvania insurance companies appealed. Finding no error, we affirm. |
Court of Appeals | ||
Old Republic Insurance Company, et al. v. State of Tennessee
Five separate groups of Pennsylvania-domiciled insurance companies filed five separate tax refund claims in which each challenges the imposition of retaliatory insurance premium taxes by the Tennessee Department of Commerce and Insurance pursuant to Tenn. Code Ann. § 56-4-218. The central issue presented is whether Pennsylvania’s surcharges or assessments forthree Workmen’s Compensation funds are imposed upon Tennessee-domiciled insurance companies doing business in Pennsylvania and, therefore, fall within Tennessee’s retaliatory insurance premium tax statute. The Tennessee Claims Commission ruled in favor of the state and all of the Pennsylvania insurance companies appealed. Finding no error, we affirm. |
Court of Appeals |