Jessica Abeyta v. HCA Health Services of TN, Inc. d/b/a Parthenon Pavillion
This is an involuntary commitment case, in which we are asked to review the trial court’s grant of Appellee/Hospital’s motion to dismiss. The trial court found that all of the claims asserted in Appellant/Patient’s complaint sounded in medical malpractice. Because Appellant failed to provide a certificate of good faith as required under the Tennessee Medical Malpractice Act, Tennessee Code Annotated Section 29-26-115, et seq. (“TMMA”), the trial court granted Appellee’s motion to dismiss. Appellant argues that not all of her stated claims sound in medical malpractice. We affirm the dismissal of Appellant’s claim asserting a violation of the Americans with Disabilities Act. However, we conclude that Appellant has stated a claim for medical battery, as well as a claim for negligence per se arising from alleged violations of the involuntary commitment statutes. Moreover, because Appellant’s negligence per se claims survive the motion to dismiss, she may also maintain the false imprisonment and invasion of privacy claims. Affirmed in part, reversed in part, and remanded. |
Davidson | Court of Appeals | |
Chelsea Samantha Barnes v. Daniel Adam Barnes
This is a divorce appeal. The parties were married for two years and had one minor child. At the time of the divorce trial, both parties were unemployed. The trial court adopted the mother’s proposed parenting plan in its entirety, based on its review of the child support history. It awarded minimal alimony and calculated child support by imputing income to the father but not to the mother. The father appeals. We affirm the award of alimony, vacate the parenting plan and the award of child support, and remand for further proceedings consistent with this opinion. |
Cheatham | Court of Appeals | |
In Re Adryan L. B. and Brenden A. B.
Mother appeals the termination of her parental rights to two children. Mother’s rights were terminated on grounds of abandonment by failure to support the children within four months prior to her incarceration and wanton disregard for the children’s welfare, substantial noncompliance with permanency plans, and persistence of conditions. Finding no error, we affirm the trial court’s judgment. |
Davidson | Court of Appeals | |
John Algernon Guthrie v. Karan Tracy Guthrie
This case involves the modification of child support. On appeal, Mother argues that the trial court erred by failing to find that Father was voluntarily underemployed, and erred in calculating Father’s child support obligation. Mother and Father argue that the trial court erred in denying their requests for an award of attorney’s fees and costs at trial. Additionally, Mother and Father request an award of attorney’s fees and costs incurred on appeal. We affirm in part, reverse in part, and remand for further proceedings. |
Dyer | Court of Appeals | |
In the Matter of: Anthony J. H.
This case involves a petition filed in the Davidson County Juvenile Court to change custody of a minor child from his father to his mother. The Juvenile Court Magistrate conducted an extensive hearing, and ruled at the conclusion of the proof that there had been a material change of circumstances, but that it was in the child’s best interest that the father remain the child’s primary residential parent. The mother filed a timely request for a re-hearing before the Juvenile Court Judge. She appeared pro se at the de novo hearing, and did not present any witnesses or any proof. The Juvenile Court Judge declared that no material change of circumstances had been proved, but that the magistrate’s order should be affirmed. Because we cannot reconcile the internal inconsistencies in the Juvenile Court’s order, we vacate that order. |
Davidson | Court of Appeals | |
State Farm Mutual Automobile Insurance Company et al. v. Southern Trust Insurance Company
This is a dispute between insurance companies over coverage related to a car accident. We conclude that the trial court erred in finding that the driver’s auto policy covered damages resulting from the independent acts of negligence of the car owner. |
Davidson | Court of Appeals | |
Shawn M. Wylie, et al. v. Adam F. Driscoll
A mother and her husband filed a petition to enroll a foreign judgment regarding her former husband’s visitation rights with her child for the purpose of extinguishing her former husband’s rights to see the child. The former husband resides in Wisconsin, and the Wisconsin court declined to relinquish jurisdiction over the case. The trial court determined it did not have subject matter jurisdiction and dismissed the petition. We affirm the trial court’s judgment. |
Montgomery | Court of Appeals | |
State of Tennessee vs. Tommy Gayden
The Defendant, Tommy Gayden, was convicted by a Shelby County Criminal Court jury of second degree murder, a Class A felony. See T.C.A. § 39-13-210 (2010). The trial court sentenced the Defendant as a Range II, multiple offender to thirty years’ confinement at 100% service as a violent offender. On appeal, the Defendant contends that (1) the evidence is insufficient to support his conviction, (2) the trial court erred by allowing the State to argue during opening statements that the Defendant was calm and collected at the time of the shooting, (3) the trial court erred by allowing the State to argue facts not in evidence during closing arguments, and (4) the trial court erred by not granting the Defendant’s requested jury instruction. We affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
John Freeman v. General Motors Company et al.
The employee sought reconsideration of workers’ compensation settlements concerning a back injury in 2003 and a right knee injury in 2006. The trial court granted the petition and increased the previous permanent partial disability awards to 30% to the body as a whole for the back injury and 100% to the leg for the knee injury. The employer has appealed, contending that reconsideration of the back injury was barred by the statute of limitations, that the awards for both injuries were excessive, that the trial court incorrectly awarded benefits in excess of six times the anatomical impairment for the knee injury, and that the trial court erred by awarding benefits in a lump sum. The employee contends that the trial court erred by failing to award permanent total disability benefits. We conclude that the employee’s petition for reconsideration of the settlement of his back injury was not timely filed and reverse that part of the judgment. We affirm the judgment in all other respects. |
Maury | Workers Compensation Panel | |
Jerry D. Carney v. State of Tennessee
The pro se petitioner, Jerry D. Carney, appeals the dismissal of his third petition for writ of error coram nobis, arguing that due process should toll the statute of limitations and that he is entitled to coram nobis relief on the basis of newly discovered evidence of the criminal activities and official misconduct of the medical examiner who testified at his trial. Following our review, we affirm the dismissal of the petition. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Chris Cummins
The defendant, Chris Cummins, was indicted for first degree murder. The State’s proof included the testimony of an inmate who had been housed with the defendant in prison and who claimed the defendant confessed to the crime. The defendant moved for a continuance based on the fact that he was only made aware of this witness on the morning the trial began, and the trial court denied his motion. The jury returned a guilty verdict, and the defendant was sentenced to life in prison. The defendant asserts on appeal that he is entitled to a new trial because the court erred in denying his request for a continuance. After a careful review of the record, we affirm the judgment of the trial court. |
Wayne | Court of Criminal Appeals | |
State of Tennessee v. Timothy Eugene Kelly, Jr.
A Davidson County Criminal Court Juryconvicted the appellant, Timothy Eugene Kelly, Jr., of one count of especially aggravated robbery and two counts of fraudulent use of a credit card. The trial court imposed a total effective sentence of thirty-seven years in the Tennessee Department of Correction. On appeal, the appellant challenges the sufficiency of the evidence supporting his convictions and the sentences imposed by the trial court. Upon review, we affirm the judgments of the trial court. |
Davidson | Court of Criminal Appeals | |
Charles Hall v. State of Tennessee
The petitioner, Charles Hall, appeals the denial of his petition for post-conviction relief from his 2007 Shelby County Criminal Court jury convictions of aggravated robbery, claiming that he was denied the effective assistance of counsel at trial. Discerning no error, we affirm. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Robert Jesus Porrata
Defendant, Robert Jesus Porrata, pled guilty to attempted second degree murder, attempted aggravated robbery, and employing a weapon during a felony in Case No. 09-00597 involving victim Cliff Belue. In Case No. 09-00598, he pled guilty to aggravated robbery involving victim Reginald Bean, and he pled guilty to attempted aggravated robbery in Case No. 09-00599 involving victim Ray Heath. In Case No. 09-00597, Defendant was sentenced to ten years for attempted second degree murder, four years for attempted aggravated robbery, to run concurrently, and six years for use of a firearm in a felony, to run consecutively for an effective sixteen-year sentence. In Case No. 09-00598, the trial court imposed a ten-year sentence, and the trial court imposed a four-year sentence in Case No. 09-00599. The sentences in 09-00597, 09-00598, and 09-00599 were ordered to run consecutively for an effective thirty-year sentence in confinement. On appeal, Defendant argues that the trial court improperly sentenced him. After a thorough review, we affirm judgments of the trial court. |
Shelby | Court of Criminal Appeals | |
Joan T. Williams et al. v. Bank of America et al.
Debtors on a promissory note and deed of trust who have not made a mortgage payment since October 2008 filed this action in October 2009 in an attempt to stay foreclosure proceedings and alternatively for damages based on unjust enrichment. The trial court summarily dismissed the claims and the plaintiffs did not appeal that order. Plaintiffs then filed a motion for reconsideration of the summary dismissal and for stay of foreclosure pending the outcome of the motion for reconsideration; the motion was denied. The plaintiffs filed a timely appeal from the order denying the motion for reconsideration and stay. Finding no error, we affirm. |
Williamson | Court of Appeals | |
Nicholas Fletcher v. State of Tennessee
Petitioner, Nicholas Fletcher, appeals from the post-conviction court’s dismissal of his petition for post-conviction relief following an evidentiary hearing. In this appeal, Petitioner argues that his trial counsel rendered ineffective assistance of counsel because trial counsel: (1) failed to investigate concerning certain witnesses at his trial; (2) failed to present Petitioner’s testimony at the pre-trial hearing on the motion to suppress Petitioner’s inculpatory statement to police; and (3) failed to adequately explain to Petitioner the State’s negotiated plea agreement offer. After a thorough review of the record and the briefs of the parties, we affirm the judgment of the post-conviction trial court. |
Shelby | Court of Criminal Appeals | |
Daniel A. Riley, C.N.A. v. John Dreyzehner, M.D., M.P.H., in his Official Capacity as Commissioner of the Tennessee Department of Health
Appellant nurse assistant’s name was placed on the Abuse Registry after the Appellee Tennessee Department of Health concluded that he had committed an act of abuse on an elderly person in his care at a nursing home. Appellant appeals, arguing that substantial and material evidence does not exist to show that he committed an act of abuse on the nursing home resident. Having determined that substantial and material evidence in the record supports the decision of the Tennessee Department of Health, we affirm. |
Davidson | Court of Appeals | |
Jane Field v. The Ladies' Hermitage Association
This is the second round in a long-running dispute over the provisions in a warranty deed conveying historic Tulip Grove to the Ladies Hermitage Association (LHA). In the deed LHA agreed to make certain payments to the grantor and her heirs. In a prior appeal this Court affirmed the chancellor’s ruling that the property did not revert to the heirs so long as LHA paid the heirs at least $600 every six months. On remand the chancellor held that LHA did not have an implied obligation to keep the property open for paid tours and that LHA did not have to share with the heirs the income derived from renting the property for special events. We affirm the chancellor on the implied obligation and reverse the holding on the heirs’ right to a portion of the special event income. |
Davidson | Court of Appeals | |
State of Tennessee v. Constance Elaine Archer
The defendant, Constance Elaine Archer, was convicted of theft of property valued at $500 orless,a Class A misdemeanor,and criminaltrespass,a Class C misdemeanor,and sentenced to an effective term of eleven months, twenty-nine days to be served on probation. On appeal, she argues that the evidence is insufficient to sustain her convictions. After review, we affirm the judgments of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Mell Thomas Bruton, aka Mel T. Bruton
The defendant, Mell Thomas Bruton, aka Mel T. Bruton, appeals the revocation of his community corrections sentence, arguing that the trial court abused its discretion in revoking the sentence based on the defendant’s unauthorized trip out of state when the trip was necessitated by a family emergency. Following our review, we affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
Tarik Robertson v. State of Tennessee
The petitioner, Tarik Robertson, appeals the Shelby County Criminal Court’s denial of his petition for post-conviction relief. The petitioner was convicted of observation without consent, a Class A misdemeanor, and sentenced to eleven months and twenty-nine days, suspended to probation following service of four months in the county workhouse. On appeal, the petitioner contends that it was error to deny him post-conviction relief because: (1) the conviction was based upon evidence obtained pursuant to an unlawful arrest; (2) there is newly discovered evidence in the case; (3) he was denied the effective assistance of counsel; and (4) there were cumulative constitutional errors in the trial process. Following review of the record and arguments of the parties, we affirm the decision of the postconviction court. |
Shelby | Court of Criminal Appeals | |
Patrick Thurmond v. Henry Stewart, Warden
The petitioner, Patrick Thurmond, appeals the denial of his sixth petition for writ of habeas corpus, claiming that his conviction of aggravated rape is void. Discerning no error, we affirm the judgment of the habeas corpus court. |
Lake | Court of Criminal Appeals | |
Jeffery Charles Hayes v. Melissa Marie Hayes
This is a divorce appeal, primarily over property issues. The parties were married for approximately six years, with no children born of the marriage. During the marriage, they owned several homes, including the home in which they lived, but some went into foreclosure. Given the complicated state of the parties’ finances, the trial was lengthy. At the conclusion of the trial, the trial court entered an order holding that the home in which the couple lived was the wife’s separate property and dividing the remainder of the parties’ assets and debts. The husband now appeals, raising numerous issues. We affirm in part, and reverse the finding that the home in which the parties resided was the wife’s separate property. In light of our holding that the home in which the parties lived was marital property, we remand the matter to the trial court for reconsideration of its division of the marital estate. |
Shelby | Court of Appeals | |
State of Tennessee v. Rodney Dewayne Hymes, alias Rodney Dewayne Hynes
The defendant, Rodney Dewayne Hymes, alias Rodney Dewayne Hynes, appeals the Hamilton County Criminal Court’s revocation of his probation and reinstatement of his original sentences in the Department of Correction for his 2007 and 2008 convictions for violation of the Habitual Motor Vehicle Offender (“HMVO”) Act. The defendant also challenges the trial court’s sentencing determinations in five new cases, arguing that the trial court abused its discretion by failing to give sufficient weight to his potential and amenability for rehabilitation. Following our review, we affirm the judgments of the trial court. |
Hamilton | Court of Criminal Appeals | |
State of Tennessee v. Marques Sanchez Johnson
Appellant, Marques Sanchez Johnson, was indicted by the Davidson County Grand Jury for four counts of burglary of a motor vehicle, six counts of theft of property, and one count of evading arrest in two separate cases. Appellant pled guilty to two counts of burglary of a motor vehicle and one count of theft in each case in exchange for a total effective sentence of six years in the first case and twelve years in the second case as a Range IV, career offender, with the trial court to determine after a sentencing hearing whether the sentences would run concurrently or consecutively. After a hearing, the trial court ordered the sentences to run consecutively, for a total effective sentence of eighteen years as a Range IV, career offender. Appellant insists that the trial court erred by ordering consecutive sentences. After a review of the record, the briefs, and the applicable authorities, we conclude that the record supports the trial court’s determination that consecutive sentences were warranted because Appellant had an extensive criminal record and was a professional criminal. Consequently, the judgment of the trial court is affirmed. |
Davidson | Court of Criminal Appeals |