C. L. Gilbert,Jr. v. Izak Frederick Wessels, M. D.
The issue we address in this appeal is whether the Court of Appeals properly granted the defendant a Tennessee Rule of Appellate Procedure 10 extraordinary appeal. The trial court denied the defendant’s motion for a waiver of the contiguous state requirement in Tennessee Code Annotated section 29-26-115(b) as to an expert witness. The Court of Appeals granted the defendant’s Rule 10 appeal and held that the trial court did not abuse its discretion in declining to waive the contiguous state requirement. We hold that the Court of Appeals improvidently granted the appeal because the trial court did not so far depart from the accepted and usual course of judicial proceedings as to require immediate review and because a review was not necessary for a complete determination of the action on appeal. Tenn. R. App. P. 10(a). Accordingly, we remand this case to the Circuit Court for Hamilton County for further proceedings. |
Hamilton | Supreme Court | |
State of Tennessee v. Rafael Antonio Bush
The Petitioner, Rafael Antonio Bush, was convicted of especially aggravated robbery, aggravated burglary, and aggravated assault. On direct appeal, this Court affirmed his convictions and sentence. State v. Rafael Antonio Bush, No. M2002-02390-CCA-R3-CD, 2004 WL 794755 (Tenn. Crim. App., at Nashville, April 14, 2004), no Tenn. R. App. P. 11 application filed. Subsequently, the Petitioner filed a petition for post-conviction relief, alleging that he received the ineffective assistance of counsel at trial. The trial court denied the petition after a hearing, and this Court affirmed the post-conviction court’s judgment denying relief. Rafael Antonio Bush v. State, No. M2005-02967-CCA-R3-PC, 2006 WL 2682825 at *1 (Tenn. Crim. App., at Nashville, Sept. 7, 2006), perm. app. denied (Tenn. Dec. 27, 2006). On April 24, 2014, the Petitioner filed a motion to reopen his petition for post-conviction relief. The post-conviction court denied the motion to reopen, and the Petitioner appeals that decision. After a thorough review of the record and applicable law, we affirm the judgment of the post-conviction court. |
Rutherford | Court of Criminal Appeals | |
State of Tennessee v. Trish Wooley
In February 2004, the Petitioner, Trish Wooley, pleaded guilty to three counts of theft of property valued under $500 and two counts of vandalism under $500, and further proceedings were deferred pursuant to Tennessee Code Annotated section 40-35-313. In September 2004, the trial court revoked judicial diversion, sentenced the Petitioner to concurrent terms of 11 months and 29 days on each conviction, and placed the Petitioner on supervised probation. In 2013, the Petitioner sought the expunction of her criminal convictions. The trial court granted the expunction. The State appealed. Upon review, we reverse the judgment of the trial court because the Petitioner was convicted of more than one offense in a multi-count indictment and therefore was not an “eligible petitioner” under Tennessee Code Annotated section 40-32-101(g)(1). |
Chester | Court of Criminal Appeals | |
State of Tennessee v. Clifton Swift
The defendant, Clifton Swift, appeals his Shelby County Criminal Court jury conviction of rape of a child, claiming that the trial court abused its discretion by permitting impeachment of the defendant by his prior conviction for attempting to violate the sexual offender registry act and by admitting into evidence the victim’s rape kit. In addition, the defendant contends that the evidence was insufficient to support his conviction of rape of a child. Discerning no error, we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
In Re: Matthew J.
This appeal arises from the termination of a father’s parental rights. Shortly after Matthew J.’s birth, his father pled guilty to twenty counts of sexual exploitation of a minor and one count of aggravated statutory rape. The Department of Children’s Services ultimately filed a petition for the termination of parental rights against Matthew’s parents. His mother surrendered her parental rights, and the matter proceeded to trial against the father only. At the conclusion of the trial, the juvenile court also terminated the father’s parental rights. The juvenile court concluded that grounds for termination existed because the father had been sentenced to more than ten years at a time when Matthew was under the age of eight. The trial court also concluded that it was in Matthew’s best interest to terminate Father’s parental rights. Discerning no error, we affirm. |
Maury | Court of Appeals | |
Leon Flannel v. State of Tennessee
The Petitioner, Leon Flannel, was convicted of murder in the perpetration of a theft and premeditated murder. In this appeal from the trial court’s denial of his petition for writ of error coram nobis, the Petitioner argues that the individual tests performed by the defense’s expert witness, along with their results, should have been introduced at trial to bolster the Petitioner’s diminished capacity defense. Upon review, we find that the petition for writ of error coram nobis is barred by the statute of limitations. Additionally, we find that the trial court did not abuse its discretion when it denied relief on the merits. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Karl P. Cooper
A Williamson County Circuit Court Jury convicted the appellant, Karl P. Cooper, of driving under the influence (DUI), second offense; speeding; and violating the open container law. The appellant received a total effective sentence of eleven months and twenty-nine days and was ordered to spend sixty days of the sentence in jail before being released on probation. On appeal, the appellant contends that the trial court erred by allowing the State to violate the rule of witness sequestration, that the trial court erred by sustaining the State’s objection to the appellant’s request to have the arresting officer demonstrate a field sobriety test, and that the evidence was insufficient to sustain his DUI conviction. The State concedes that the trial court erred by allowing the violation of the rule of sequestration but contends the error was harmless. Upon review, we conclude that the violation of the rule of sequestration was reversible error; accordingly, the judgment of the trial court is reversed, and the case is remanded for a new trial. |
Williamson | Court of Criminal Appeals | |
Michael Brandon Adams v. State of Tennessee
The Petitioner, Michael Brandon Adams, appeals the Sumner County Criminal Court’s dismissal of his motion to correct an illegal sentence. The Petitioner contends that the trial court erred when it dismissed his motion without appointing counsel and without conducting an evidentiary hearing. In his motion, the Petitioner asserts that his sentence is illegal on the grounds that his guilty plea was not entered knowingly and voluntarily because he received the ineffective assistance of counsel. Upon a review of the record in this case, we are persuaded that the trial court properly denied the motion. Accordingly, the judgment of the trial court is affirmed. |
Sumner | Court of Criminal Appeals | |
Tarrence Parham v. State of Tennessee
The petitioner, Tarrence Parham, appeals the post-conviction court’s denial of his petition for post-conviction relief from his convictions for attempted second degree murder and reckless aggravated assault. On appeal, he argues that he received ineffective assistance of counsel. After review, we affirm the denial of the petition. |
Shelby | Court of Criminal Appeals | |
William Lance Walker v. State of Tennessee
A Marshall County jury convicted the Petitioner, William Lance Walker, of the sale of .5 grams or more of cocaine and the delivery of .5 grams or more of cocaine. The Petitioner appealed, and this Court affirmed the judgments of the trial court. State v. William Lance Walker, No. M2012-01319-CCA-R3-CD, 2013 WL 1799988, at *6 (Tenn. Crim. App., at Nashville, April 29, 2013), no Tenn. R. App. P. 11 filed. The Petitioner subsequently filed a petition for post-conviction relief in which he alleged that his trial counsel was ineffective on multiple grounds. The post-conviction court dismissed the petition after a hearing. After a thorough review of the record and applicable law, we affirm the post-conviction court’s judgment. |
Marshall | Court of Criminal Appeals | |
State of Tennessee v. Terrence Wooden, also known as Terrence Wooten
The defendant, Terrance Wooden, also known as Terrence Wooten, was convicted of the rape of the victim, who was confined to a wheelchair, and sentenced to confinement for twelve years at 100%. On appeal, he argues that the evidence is insufficient to support the conviction. Following our review, we affirm the judgment pursuant to Rule 20, Rules of the Court of Criminal Appeals. |
Shelby | Court of Criminal Appeals | |
Elm Children's Educational Trust v. Wells Fargo Bank, N.A.
This Court entered an order in September of 2014 directing ELM Children’s Educational Trust (“the Trust”) to show good cause why this appeal should not be dismissed for lack of jurisdiction because the Notice of Appeal was signed by a non-attorney, non-party. The Trust failed to show good cause. We hold that a non-attorney trustee may not represent a purportedly pro se trust. As such, the Notice of Appeal signed by the non-attorney trustee was insufficient to initiate an appeal on behalf of the Trust. This appeal, therefore, is dismissed for lack of jurisdiction. |
Knox | Court of Appeals | |
Sean William Lee v. State of Tennessee
The petitioner, Sean William Lee, pled guilty in 2004 to attempted aggravated sexual battery and was sentenced to three years, which then was suspended to six years probation. In 2013, after a probation violation warrant was filed against him, he filed a pleading styled “Motion to Revoke Probation and Impose a Sentence in Absentia.” He followed this pleading by filing a petition for writ of error coram nobis, based upon what he saw as newly discovered evidence. The coram nobis court dismissed the petition without a hearing, concluding that the statute of limitations for such a pleading had expired eight years earlier and no issues were raised which could be the basis for coram nobis relief. Following our review, we affirm the order of the coram nobis court dismissing the petition, pursuant to Rule 20, Rules of the Court of Criminal Appeals. |
Shelby | Court of Criminal Appeals | |
Carlos Eaton v. State of Tennessee
The appellant, Carlos Eaton, appeals the denial of his petition for writ of error coram nobis in which he challenged his 1995 guilty plea to first degree murder and his life sentence. The State has filed a motion requesting that this court affirm the trial court’s judgment pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. Following our review, we grant the State’s motion and affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
Toney R. Gonzales v. J.W. Carell Enterprises, LLC d/b/a Careall Home Care Services-Knoxville/McMinnville
In this workers’ compensation action, the employee alleged that he suffered a compensable injury to his lower back. The trial court ruled for the employer, finding that the employee was not a credible witness and had failed to carry his burden of proof. The employee appealed 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. At issue in this appeal is whether the trial court abused its discretion by admitting into evidence records from the employee’s Social Security Disability proceedings and whether the evidence preponderates against the trial court’s decision that the employee failed to sustain his burden of proof. After a careful review, we find no error and affirm the trial court’s decision. |
Knox | Workers Compensation Panel | |
Kem Ralph, et al. v. Scruggs Farm Supply LLC, et al.
This consolidated appeal stems from the attempted foreclosure of real property in Tipton and Haywood County. In commencing the present case, Plaintiffs filed complaints in Chancery Court in both Tipton and Haywood County seeking to enjoin foreclosure and to obtain an accounting of the financial transactions between them and Defendants. Both trial judges found that Plaintiffs’ claims were barred by the doctrine of res judicata. We affirm. |
Tipton | Court of Appeals | |
Elizabeth B. Turner v. Selina C. Gaviria
This is the second appeal of this case involving enforcement of an oral loan agreement. Appellant appeals the judgment entered against her. Because the appellate record contains no transcript or statement of the evidence pursuant to Tennessee Rule of Appellate Procedure 24, we conclude that the findings made by the trial court in support of its conclusions of law were based upon sufficient evidence. Affirmed and remanded. |
Shelby | Court of Appeals | |
William Carter King v. State of Tennessee
The Petitioner, William Carter King, appeals the Fentress County Criminal Court’s denial of his petition for post-conviction relief from his 2011 guilty plea to possession of a controlled substance in a penal institution and his five-year sentence. The Petitioner contends that (1) he received the ineffective assistance of counsel and (2) his guilty plea was unknowingly and involuntarily entered. We affirm the judgment of the post-conviction court. |
Fentress | Court of Criminal Appeals | |
State of Tennessee v. Charles Anderson Clark Jr.
The Defendant-Appellant, Charles Anderson Clark, Jr., was convicted by a Henderson County jury as charged of rape, see T.C.A. § 39-13-503, and sentenced as a Range III, persistent offender to a term of twenty-five years’ imprisonment. In this direct appeal, the Defendant-Appellant challenges the sufficiency of the evidence and the sentence imposed by the trial court. Following our review, we affirm the judgment of the trial court. |
Henderson | Court of Criminal Appeals | |
In Re: Alysia S.
This is the second appeal before this Court involving the minor child at issue. In 2010, the child’s mother sought assistance in caring for the child after she lost her job. She signed a power of attorney and authorization of temporary guardianship stating that the child would reside with another couple for approximately six months. During thatperiod,the couple filed a petition alleging that the child was dependent and neglected and seeking temporary custody of her. The juvenile court found the child dependent and neglected and granted custody to the couple. The mother appealed to the circuit court, which found no clear and convincing evidence of dependency and neglect and ordered the juvenile court to reunify the child with the mother. On appeal, this Court affirmed the decision of the circuit court. Despite these holdings, the child was never reunified with the mother. The couple with the child filed a petition in the juvenile court to terminate the mother’s parental rights on four grounds. The juvenile court found clear and convincing evidence of abandonment and persistent conditions and determined that it was in the child’s best interest to terminate the mother’s parental rights. The mother appealed. We find no clear and convincing evidence of grounds for termination of the mother’s parental rights and accordingly reverse and remand this matter to the juvenile court for the entry of an order that implements a plan to expeditiously reunite the child with her mother. Having found that the trial court erred in terminating Mother’s parental rights, we dismiss the termination petition, reinstate Mother’s parental rights, vacate the juvenile court orders concerning visitation and guardianship, and designate the current custody and guardianship orders as temporary in nature. |
Rutherford | Court of Appeals | |
In re Chelsia J. et al.
This is a termination of parental rights case, focusing on Chelsia J. and Jared J., the minor children (“Children”) of Fleesha J. (“Mother”) and Mark F. (“Father”). The Children were taken into protective custody by the Tennessee Department of Children’s Services (“DCS”) on April 28, 2011, upon investigation of the Children’s exposure to controlled substances in the parents’ home. On March 21, 2012, DCS filed a petition to terminate the parental rights of both parents. Following a bench trial conducted over the course of four days spanning more than a year’s time, the trial court found that grounds existed to terminate the parental rights of both parents upon its finding, by clear and convincing evidence, that (1) the parents abandoned the Children by failing to provide a suitable home, (2) the parents abandoned the Children by engaging in conduct prior to incarceration that exhibited wanton disregard for the Children’s welfare, (3) the parents failed to substantially comply with the reasonable responsibilities and requirements of the permanency plans, and (4) the conditions leading to the Children’s removal from the home persisted. At that time, however, the court denied the petition based upon its finding that termination was not in the best interest of the Children. DCS subsequently filed a motion to alter or amend the judgment. Following a subsequent hearing, the trial court granted the motion to alter or amend the judgment and terminated the parental rights of both parents upon its finding, by clear and convincing evidence, that termination was in the best interest of the Children. Mother has appealed. We reverse the trial court’s finding that Mother abandoned the Children by engaging in conduct prior to incarceration that exhibited wanton disregard for the Children’s welfare. We affirm the trial court’s judgment in all other respects, including the termination of Mother’s parental rights. |
Campbell | Court of Appeals | |
State of Tennessee v. Antonio Gale
Defendant, Antonio Gale, was indicted by the Shelby County Grand Jury for two counts of aggravated rape. After a jury trial, Defendant was found guilty of the lesser-included offenses of rape in Count One and assault in Count Two. The trial court merged the convictions and sentenced Defendant to eleven years at 100% for the rape conviction. After the denial of a motion for new trial, Defendant seeks resolution of the following issues on appeal: (1) whether the evidence was sufficient to support the conviction of rape; and (2) whether the trial court abused its discretion in sentencing Defendant. After a thorough review of the record and applicable authorities, we determine that the evidence was sufficient to support the conviction for rape and that the trial court did not abuse its discretion in sentencing Defendant to eleven years for the conviction. Accordingly, the judgment of the trial court is affirmed. |
Shelby | Court of Criminal Appeals | |
In Re Jocelyn L.
The Tennessee Department of Children’s Services (“DCS”) filed a petition in the Juvenile Court for Anderson County (“the Juvenile Court”) seeking to have the minor child Jocelyn L. (“the Child”) found dependent and neglected. The Child’s father, James L. (“Father”), was alleged to have sexually abused the Child. The Juvenile Court entered a restraining order against Father. While both Father and the Child’s mother, Amanda L. (“Mother”), were named respondents in DCS’s petition, Mother was named only so as to require her to uphold the restraining order against Father. After a hearing, the Juvenile Court found that the evidence on the allegations against Father did not rise to the level of clear and convincing. The Juvenile Court dismissed the petition. DCS did not appeal. Mother, however, appealed to the Circuit Court for Anderson County (“the Circuit Court”) for a trial de novo. The Circuit Court found that Mother lacked standing to appeal and dismissed her appeal. Mother now appeals to this Court. We hold that Mother was not an aggrieved party by the Juvenile Court’s order dismissing DCS’s petition and, therefore, lacked standing to |
Anderson | Court of Appeals | |
Robert Greer Morris v. Patti Deakins Morris
This is a divorce case in which Appellant/Wife appeals the trial court’s denial of her request for alimony and reimbursement of her medical bills. Discerning no error, we affirm and remand. |
Hamilton | Court of Appeals | |
In Re: Camryne B.
The trial court granted grandparent visitation based in large part on the asserted need to maintain a relationship between the grandchild and her half-sister (who had been adopted by grandmother). Parents opposed the grandchild’s visitation with her grandparents. The trial court made no finding that cessation of the relationship between the grandparents and the grandchild presented a danger of substantial harm to the child. In accordance with Tenn. Code Ann. § 36-6-306, we reverse. |
Montgomery | Court of Appeals |