In Re: Mya E. et al
This is a termination of parental rights case involving a set of young twins, Mya E. and Kaleah E. (“the Children”). The Children were born out of wedlock to Jasmine E. (“Mother”) and Darius M. (“Father”) on June 1, 2008. The Children, found to be dependent and neglected by Juvenile Court Order entered January 28, 2011, were placed in the custody of their maternal grandmother, Olivia E. Olivia E. filed a petition seeking to terminate the parental rights of Father and Mother on March 30, 2012. The petition alleged as grounds statutory abandonment and persistence of conditions. Mother later joined in the petition to terminate her parental rights. Following a bench trial, the trial court granted the petition to terminate Father’s parental rights upon its finding, by clear and convincing evidence, that Father had abandoned the Children by willfully failing to visit and support them. The court also found clear and convincing evidence that the conditions leading to removal persisted and were unlikely to be remedied in the near future. The court further found, by clear and convincing evidence, that termination of parental rights was in the Children’s best interest. Father has appealed. We affirm. |
Davidson | Court of Appeals | |
Jerry Dean Harkleroad v. Linda Althea Turner Harkleroad
This appeal concerns a requested post-divorce modification of alimony in futuro. Husband sought a reduction in his support obligation owed to Wife, alleging that he had not received a paycheck in two years and that Wife was eligible for Medicare and no longer in need of his assistance for health insurance coverage. Following a hearing, the trial court reduced Husband’s health insurance obligation but held that Husband failed to prove a material change in circumstances that necessitated a modification in the remainder of his support obligation. Husband appeals. We affirm the decision of the trial court. |
Washington | Court of Appeals | |
In Re: Hope A.A.
This case concerns the termination of the mother’s parental rights. The subject child is the second born to the mother. The petitioner is a friend of the mother with whom the child has lived continuously for several years. We have determined that the record contains clear and convincing evidence to support terminating the mother’s parental rights on the three grounds relied upon by the trial court: abandonment for failure to visit and to provide support and persistence of conditions. The record further supports the conclusion that terminating the mother’s parental rights is in the child’s best interest. Accordingly, we affirm the findings of the trial court. |
Hamblen | Court of Appeals | |
Jonathan Fortener v. State of Tennessee
The petitioner, Jonathan Fortener, appeals the Monroe County Criminal Court’s denial of his petition for post-conviction relief. The petitioner was convicted of one count of second degree murder and sentenced to a term of twenty-five years in the Department of Correction. On appeal, he contends that the post-conviction court erred in denying the petition because trial counsel was ineffective in that he had reason to know of mitigating factors, failed to investigate those mitigating factors, and failed to hire an expert to present evidence of the mitigating factors at the sentencing hearing. The petitioner also faults the post-conviction court for failing to allow testimony at the post-conviction hearing regarding traumatic brain injuries. Following our review of the record, we affirm the denial of relief. |
Monroe | Court of Criminal Appeals | |
State of Tennessee v. Demeko Gerard Duckworth
The defendant, Demeko Gerard Duckworth, appeals his Davidson County Criminal Court jury convictions of two counts of first degree murder, one count of attempted first degree murder, and one count of employing a firearm during a dangerous offense, claiming that the trial court erred by denying his motion to sever offenses, that the evidence was insufficient to support his convictions, and that the trial court erred by imposing partially consecutive sentences. Because we discern no reversible error, the judgments of the trial court are affirmed in all other respects. |
Davidson | Court of Criminal Appeals | |
David Hardy v. Goodyear Tire & Rubber Co.
Pursuant to Tennessee Supreme Court Rule 51, this workers’ compensation 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 this hearing-loss case, the employer raises a single issue on appeal: whether the trial court erred in finding that employee’s workers’ compensation claim is not barred by the applicable one-year statute of limitations. We affirm the trial court’s judgment finding that the claim was timely. |
Obion | Workers Compensation Panel | |
David Hardy v. Goodyear Tire & Rubber Co. - Concurring/Dissenting Opinion
I concur fully in the majority’s conclusion on the issue of estoppel. On the statute of limitations issue, however, I respectfully dissent. |
Obion | Workers Compensation Panel | |
Walton Cunningham et al. v. Williamson County Hosp. Dist. d/b/a Williamson Med. Ctr. et al.
A husband and wife filed a claim against a county hospital alleging that the negligence of the hospital and its employees caused the death of their son. The claim was filed approximately fifteen months after their son’s death in accordance with the provisions of the Tennessee Medical Malpractice Act. See Tenn. Code Ann. § 29-26-121 (2012). The county hospital, a governmental entity, filed a motion to dismiss, arguing that the claim was filed outside the one-year statute of limitations of the Governmental Tort Liability Act (“GTLA”). Tenn. Code Ann. § 29-20-305(b) (2012). The couple responded that their complaint was timely filed because Tennessee Code Annotated section 29-26-121(c) extended the GTLA statute of limitations by 120 days. The trial court denied the hospital’s motion to dismiss but granted an interlocutory appeal under Rule 9 of the Tennessee Rules of Appellate Procedure. The Court of Appeals granted the Rule 9 application and affirmed the trial court’s denial of the hospital’s motion to dismiss. We granted the hospital permission to appeal. We hold that the 120-day extension provided by Tennessee Code Annotated section 29-26-121(c) does not apply to the plaintiffs’ claim brought under the GTLA. We therefore reverse the judgment of the trial court denying the hospital’s motion to dismiss and remand the case to the trial court for entry of an order dismissing Mr. and Mrs. Cunningham’s complaint. |
Williamson | Supreme Court | |
State of Tennessee v. Deangelo M. Moody and Martez D. Matthews
A jury convicted appellants, Deangelo M. Moody and Martez D. Matthews, of first degree murder. The trial court imposed life sentences. On appeal, both appellants challenge the sufficiency of the convicting evidence. In addition, appellant Matthews argues that the trial court erred in the following rulings: (1) admitting a hearsay statement pertaining to motive that was attributed to a severed co-defendant; (2) allowing certain statements, including “gang lingo”; (3) permitting testimony regarding witnesses’ gang involvement for impeachment purposes; (4) admitting evidence of the personal history between two witnesses; (5) allowing the State to introduce a crime scene photograph that depicted a pool of blood; and (6) permitting the State to introduce proof of his conviction for possession of a handgun. After reviewing the record, the parties’ briefs, and applicable law, we affirm the judgments of the trial court. However, we remand this cause for entry of judgment forms reflecting dismissal of appellant Matthews’s indictment for employing a firearm during commission of a dangerous felony and appellant Moody’s acquittal of the same charge. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Ray Neil Thompson
The Defendant, Ray Neil Thompson, entered an “open” plea to two counts of aggravated robbery and one count of evading arrest. The trial court determined that the Defendant was a Range III, persistent offender and imposed sentences of twenty-three years at 100% for each of the aggravated robbery convictions and a sentence of eleven months and twenty-nine days for the evading arrest conviction. The trial court further ordered that those sentences were to be served concurrently with one another but consecutively to a prior twenty-seven-year sentence at 100% for aggravated robbery. On appeal, the Defendant argues that trial court erred by ordering 100% release eligibility for his aggravated robbery convictions pursuant to the provisions of Tennessee Code Annotated section 40-35-501(k)(2) and in imposing consecutive sentencing. Following our review, we affirm the judgments of the trial court. |
Davidson | Court of Criminal Appeals | |
Marcus Pearson v. State of Tennessee
The Petitioner, Marcus Pearson, challenges the trial court’s dismissal of his post-conviction petition as barred by the one-year statute of limitations. He contends, and the State concedes, (1) that the date the trial court used to determine the timeliness of the petition was incorrect and (2) that an evidentiary hearing is necessary. We agree. Accordingly, the trial court’s dismissal of the post-conviction petition is reversed, and the case is remanded for the appointment of counsel and an evidentiary hearing. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Thomas G. McConnell
The defendant, Thomas G. McConnell, appeals a certified question of law from the Williamson County Circuit Court, where he pleaded guilty to driving under the influence of an intoxicant (“DUI”). The reserved certified question challenges on constitutional grounds a police officer’s basis for stopping his vehicle. The State concedes that the stop of the defendant’s vehicle violated his constitutional protection from unreasonable seizure and advocates reversal of the defendant’s conviction. Because we agree with the parties that the stop of the defendant’s vehicle was not supported by reasonable suspicion, we reverse the judgment of the trial court and dismiss the charge against the defendant. |
Williamson | Court of Criminal Appeals | |
State of Tennessee v. James William Axford, II
In this delayed appeal, the defendant, James William Axford, II, contends that the trial court erred by revoking his probation and ordering that he serve in confinement the originally imposed sentence of three years for his convictions of fraudulently obtaining a controlled substance, evading arrest, identity theft, and aggravated assault. Discerning no error, we affirm. |
Warren | Court of Criminal Appeals | |
Mario Ramirez Rodriguez v. State of Tennessee
The Petitioner, Mario Ramirez Rodriguez, appeals from the Wayne County Circuit Court’s summary dismissal of his petition for the writ of habeas corpus relief. On appeal, the Petitioner claims his allegations regarding the age of the victim, his incorrect release eligibility noted on the judgment form for Count 2, and the failure of the trial court to impose the required statutory fines, could be proven upon an evidentiary hearing and should not have been deemed merely clerical errors. We conclude that there is no reversible error in the judgment of the habeas corpus court and affirm. |
Wayne | Court of Criminal Appeals | |
Joe Christopher Watson v. The Parent Company
In 2007, the employee suffered a work-related back injury, for which he filed a workers’ compensation claim. After conservative treatment failed to provide relief, the employee obtained an unauthorized fusion surgery. The parties settled the workers’ compensation action in 2009. The settlement provided for “future medical benefits relating to the back injury” of 2007, while precluding future benefits for unauthorized care. In 2011, the employee sought authorization for a second surgerybyan authorized surgeon. The employer refused. The trial court ordered the employer to payfor the second surgery, and the employer has appealed. After reviewing the record, we conclude that the employer has appealed an order that is not final and that this Court does not have subject matter jurisdiction to hear this appeal. Thus, this appeal is dismissed. |
Coffee | Workers Compensation Panel | |
State of Tennessee v. Terrance Megel Jordan
The Defendant, Terrance Megel Jordan, was found guilty by a Davidson County Criminal Court jury of aggravated rape, a Class A felony; rape, a Class B felony; aggravated statutory rape, a Class D felony; and evading arrest, a Class A misdemeanor. See T.C.A. §§ 39-13-502 (2010) (aggravated rape), 39-13-503 (2010) (rape), 39-13-506 (2010) (amended 2012) (aggravated statutory rape), 39-16-603 (2010) (evading arrest). The rape and aggravated statutory rape convictions were merged with the aggravated rape conviction, although the trial court later vacated the aggravated statutory rape count. For aggravated rape, he was sentenced as a Range II, multiple offender to thirty-five years, to be served at 100%. For evading arrest, he was sentenced to eleven months and twenty-nine days. The sentences were imposed concurrrently. On appeal, the Defendant contends that (1) the evidence is insufficient to support his convictions of aggravated rape and rape; (2) the trial court erred in admitting evidence of the victim’s statements to a social worker; and (3) the assistant district attorney committed prosecutorial misconduct during the opening statement. We affirm the Defendant’s convictions, but we vacate the rape and aggravated rape judgments and remand the case for entry of a single judgment reflecting the merger of these convictions |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Somer M. Bullard
Appellant, Somer M. Bullard, was convicted of six counts of aggravated robbery representing two alternate theories of three separate offenses. The trial court merged the two convictions for each offense and sentenced appellant to concurrent sentences of eleven years for each of the three convictions, to be served in the Tennessee Department of Correction. Appellant raises the following issues in this direct appeal: (1) whether the trial court violated her right to a speedy trial; and (2) whether the trial court erred in sentencing her to an eleven-year effective sentence. Following our review, we affirm the judgments of the trial court. |
Knox | Court of Criminal Appeals | |
John R. Conder, and wife, Paula S. Conder v. William Salyers, and wife, Pam Salyers
This appeal arises from a boundary line dispute. Appellees and Appellants both provided expert testimony and surveys from their respective surveyors. The trial court concluded that Appellees’ surveyor’s line was correct, and was not in conflict with the historic deeds. Accordingly, the court set the common boundary line between the parties’s properties in compliance with Appellees’ survey. In addition to the competing surveys, the court based its decision, in part, upon Tennessee Code Annotated Section 28-2-109, which creates a presumption of ownership in a party who has paid taxes on property for more than twenty years. Based upon tax records, the court determined that Appellees had paid the property taxes on the disputed property for the relevant statutory period. Appellants appeal. We conclude that the evidence does not preponderate against the trial court’s determinations. Affirmed and remanded. |
Benton | Court of Appeals | |
State of Tennessee v. Franscisco I. Bustamonte and Scott Carroll, Jr.
This case is the consolidated appeal of two defendants, Franscisco I. Bustamonte and Scott Carroll, Jr., who were convicted for the initiation of a process intended to result in methamphetamine, a Class B felony. The trial court sentenced Defendant Carroll as a Career Offender to thirty years in the Tennessee Department of Correction. The trial court sentenced Defendant Bustamonte as a Range I, standard offender to eleven years in the Tennessee Department of Correction. On appeal, Defendant Carroll contends that the trial court erred when it denied his motion to suppress evidence found during the search of the residence. Additionally, both Defendants assert that: (1) the trial court erred when it allowed the State to amend the indictment to change the date of the offense; (2) the evidence is insufficient to sustain the conviction; (3) the trial court erred when it failed to instruct the jury on the charges of manufacture of methamphetamine, promotion of methamphetamine, and unlawful drug paraphernalia; (4) the trial court erred when it admitted into evidence the State’s inventory list of the ingredients found during a search of the residence and photographs taken during the search; and (5) the trial court erred when it sentenced them. After a thorough review of the record and applicable authorities, we conclude there exists no error in the judgments of the trial court. We, therefore, affirm the trial court’s judgments. |
DeKalb | Court of Criminal Appeals | |
Titus Miller v. State of Tennessee
Titus Miller (“the Petitioner”) filed a petition for post-conviction relief from his convictions for possession of marijuana and evading arrest. In his petition, he alleged that he received ineffective assistance of counsel. After an evidentiary hearing, the post-conviction court denied relief, and this appeal followed. On appeal, the Petitioner asserts that his counsel at trial was ineffective in failing to file a motion to suppress. Upon our thorough review of the record and applicable law, we affirm the judgment of the post-conviction court. |
Madison | Court of Criminal Appeals | |
Louis Tyrone Robinson v. State of Tennessee
The pro se petitioner, Louis Tyrone Robinson, appeals the dismissal of his petition for writ of error coram nobis, arguing that the “suppressed” transcript of his trial sentencing hearing constitutes newly discovered evidence of his innocence. Following our review, we affirm the dismissal of the petition. |
Gibson | Court of Criminal Appeals | |
Adrian Deangelo Todd v. State of Tennessee
The petitioner, Adrian Deangelo Todd, appeals the post-conviction court’s denial of his petition for post-conviction relief from his second degree murder conviction. On appeal, the petitioner argues that the post-conviction court abused its discretion in denying his request for a continuance of the post-conviction hearing and that he received the ineffective assistance of counsel at trial. After review, we affirm the denial of the petition. |
Shelby | Court of Criminal Appeals | |
Thomas Goodman Rutherford v. Melodey Joice Lawson Rutherford
Mother, who spent greater time with the parties’ minor child, notified Father via certified letter of her intent to relocate out of state. Thirty-three days later, Father filed a petition in opposition to the move. The trial court allowed Father to oppose relocation, despite his failure to formally oppose the move within thirty days, noting that Mother had learned of Father’s opposition within the thirty-day period and that she had not relocated until “well after” Father filed his petition. In this statutory construction case, we conclude that Tennessee’s parental relocation statute, Tennessee Code Annotated section 36-6-108, mandates that a parent wishing to oppose relocation file a petition in opposition within thirty days of receipt of notice of the proposed relocation. If no written petition in opposition is timely filed, the parent proposing to relocate with the child shall be permitted to do so, notwithstanding the absence of harm or prejudice to the relocating parent due to the untimely petition. Because Father failed to file a written petition in opposition to Mother’s proposed relocation within thirty days of receipt of her certified letter, we find the trial court erred in conducting any further analysis pursuant to section 36-6-108. The decision of the trial court is reversed, and Mother is permitted to relocate to Omaha, Nebraska, with the minor child. Father’s request for appellate attorney fees is denied, and all remaining issues are deemed pretermitted. |
Davidson | Court of Appeals | |
Thomas Goodman Rutherford v. Melodey Joice Lawson Rutherford - Dissent
Based on the application of Rule 6.02 of the Tennessee Rules of Civil Procedure to the facts of this case, I must respectfully dissent from the majority. While the majority concludes that Father’s petition is barred by his failure to timely file his petition in opposition to the relocation, I would instead remand to the trial court for specific findings of fact and conclusions of law on the issue of whether Father’s delay in filing his petition was the result of excusable neglect. |
Davidson | Court of Appeals | |
Thomas Goodman Rutherford v. Melodey Joice Lawson Rutherford - Separate Concurrence
I have carefully considered Judge Stafford’s energetic dissent in this case, and find that I cannot agree. I submit this separate concurrence to explain my position. |
Davidson | Court of Appeals |