Opinions
Waste Connections of Tennessee, Inc. v. The Metropolitan Government of Nashville & Davidson County, Tennessee
The dispositive issue in this land use appeal highlights important legal distinctions between when a local governmental body is functioning in a legislative capacity or an administrative capacity, and what can go wrong when the governmental body fails to conduct its meetings pursuant to the proper legal standards. When the local governmental body is enacting laws, such as zoning ordinances, it is functioning in a legislative capacity; however, when the governmental body is implementing existing zoning ordinances it is functioning as an administrative body or board. In this case the Council of the Metropolitan Government of Nashville and Davidson County, Tennessee (“Metro Council”) was functioning as an administrative board, not in a legislative capacity, when it disapproved an application for the location of a waste transfer station located on property zoned “industrial restrictive.” When the application was disapproved, the applicant filed a petition for common law writ of certiorari seeking to set aside the disapproval on the ground that it was illegal, arbitrary, fraudulent, and/or capricious because the Metro Council failed to comply with the requirements of Metropolitan Code § 17.40.280 by making a decision for the sole reason that local residents opposed the station, and not because the proposed use was “consistent or not consistent” with the requirements of Metro Code § 17.16. The trial court dismissed the petition and this appeal followed. Under the common law writ of certiorari standard, our review of the Metro Council’s administrative decision is limited to determining whether the decision is clearly illegal, arbitrary, or capricious. An administrative decision that is not supportedby substantial and material evidence is, by definition, arbitrary and capricious.This record is devoid of any substantial or material evidence to support the decision to disapprove the location for a waste transfer station; accordingly, the decision was arbitrary. We, therefore, reverse the trial court’s dismissal of the common law petition for writ of certiorari and remand with instructions to set aside the Metro Council’s disapproval of the location and to order that the application for a special exception be submitted to the Board of Zoning Appeals for its consideration pursuant to Metro Code § 17.40.280. |
Davidson | Court of Appeals | |
In the Matter of: Justin K., Courtney K., Eva K.
Mother’s parental rights to three children were terminated based on her abandonment, failure to comply with family permanency plans the Department of Children’s Services developed, and persistence of the conditions that required removal of the children initially. Mother appealed, and we affirm the trial court’s judgment. The trial court’s findings are supported by clear and convincing evidence. |
Montgomery | Court of Appeals | |
Northland Insurance Company v. Michael Burton and Donald Burton d/b/a Burton Brothers Trucking
Insurance Company provided Trucking Company with a general liability insurance policy that included the MCS-90 endorsement required by the Motor Carrier Act of 1980. A woman who was a passenger in the insured’s tractor made a claim against Insurance Company for injuries she sustained after the tractor turned over. Insurance Company paid the woman’s claim even though she had not filed a complaint or obtained a judgment against Trucking Company/Insured. Insurance Company then filed a complaint against Trucking Company seeking reimbursement for the amount it paid out. Trial court awarded Insurance Company reimbursement. We reverse because no judgment had been obtained against Trucking Company when Insurance Company paid the woman’s claim. The MCS-90 endorsement is not triggered unless an injured member of the public recovers a final judgment against a motor carrier/insured. Therefore, Insurance Company had no right of reimbursement. |
Warren | Court of Appeals | |
Charles Rice v. State of Tennessee
The Petitioner, Charles Rice, appeals from the judgment of the Shelby County Criminal Court denying his petition for post-conviction relief. A Shelby County jury convicted the Petitioner of premeditated first degree murder and felony murder and imposed a sentence of death. The Tennessee Supreme Court affirmed the Petitioner’s convictions and sentence on direct appeal. See State v. Rice, 184 S.W.3d 646 (Tenn. 2006). On appeal, the Petitioner challenges the effectiveness of his counsel’s representation in both the guilt and penalty phases of the trial. We hold that the post-conviction court properly found that the Petitioner received effective assistance of counsel at trial. The judgment of the post-conviction court is affirmed. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Curtis Stanton
A Shelby County Criminal Court Jury convicted the appellant, Curtis Stanton, of the first degree premeditated murder of the victim, Regina Tidwell. The trial court sentenced the appellant to life imprisonment in the Tennessee Department of Correction. On appeal, the appellant challenges the sufficiency of the evidence sustaining his conviction. Upon review, we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Jason Allen Cobb
A Hardeman County jury convicted appellant, Jason Allen Cobb, of second degree murder. The trial court sentenced him to twenty-three years in the Tennessee Department of Correction. On appeal, appellant contends that (1) the trial court erred in admitting improper character evidence; (2) a witness’s false testimony violated his right to a fair trial; (3) the State engaged in prosecutorial misconduct; (4) the evidence was insufficient to support his conviction; and (5) the trial court erred in ordering him to serve his sentence in this case consecutively to his sentence in another case. Upon review of the record, the parties’ briefs, and applicable law, we affirm the judgment of the trial court. |
Hardeman | Court of Criminal Appeals | |
George Emrich, et al. v. Taylor Adams, et al.
In this post-trial dispute George Emrich and Mary Emrich (“Plaintiffs”) appeal the Trial Court’s order on Taylor Adams, Wanda Adams, and Adams Roofing Company, LLC’s (“Defendants”) emergency motion for relief from order and Plaintiffs’ motion for sanctions, among other things. We find no error in the Trial Court’s March 9, 2012 order, and we affirm. |
Loudon | Court of Appeals | |
Russell E. Downing, II v. Day & Zimmerman, NPS, Inc., et al.
An employee suffered multiple injuries in a work-related accident in November 2006 when a fan located in a boiler in which he was working suddenly deployed, causing him to lose his footing and fall. After providing medical treatment, the employer denied the employee’s claim for workers’ compensation benefits, and the employee sought additional medical treatment. The trial court found the claim to be compensable and awarded the employee permanent total disability benefits. The trial court imposed no liability on the Second Injury Fund. We affirm the trial court’s judgment. |
Henry | Workers Compensation Panel | |
State of Tennessee v. Shelton Hall
The Defendant-Appellant, Shelton Hall, appeals the revocation of his Rutherford County Circuit Court community corrections sentence. Following his revocation hearing, Hall was ordered to serve consecutive sentences of eight years for his two convictions for the sale of .5 grams or more of cocaine and twelve years for his convictions for the sale of .5 grams or more of cocaine and the sale of less than .5 grams of cocaine within 1000 feet of a school zone in the Tennessee Department of Correction. On appeal, Hall argues that (1) his probation officer wrongfully violated his community corrections sentence without just cause, and (2) the trial court abused its discretion in declining to appoint counsel, in determining that he had waived his issues, and in failing to consider his "Motion for Reconsideration of Judgment Orders" and "Motion for Modification of Judgment Orders." Upon review, we affirm the judgment of the trial court. |
Rutherford | Court of Criminal Appeals | |
State of Tennessee v. Taiwan S. Hoosier
The Defendant-Appellant, Taiwan S. Hoosier, entered a guilty plea to three counts of aggravated assault, Class C felonies, in the Montgomery County Circuit Court. He was sentenced to five years each on two counts and six years on the third. The trial court ordered these sentences to be served consecutively, for an effective sentence of sixteen years in the Tennessee Department of Correction. On appeal, Hoosier claims the trial court erred in imposing a consecutive sentence. Upon review, we affirm the judgments of the trial court. |
Montgomery | Court of Criminal Appeals | |
State of Tennessee v. Jermaine Johnson
The Defendant-Appellee, Jermaine Johnson, was indicted for one count of possession with intent to sell or deliver .5 grams or more of cocaine in a drug-free zone. The trial court granted in part and denied in part Johnson’s motion to suppress evidence. Pursuant to Rule 9 of the Tennessee Rules of Appellate Procedure, we granted the State’s interlocutory appeal challenging the trial court’s suppression of 14.5 grams of cocaine found near Johnson, and we granted Johnson’s cross-appeal of the denial of his motion to suppress 1.43 grams of cocaine found on him. Upon review, we affirm the partial denial of Johnson’s motion, reverse the court’s decision to suppress evidence, and remand the case for further proceedings consistent with this opinion. |
Davidson | Court of Criminal Appeals | |
Frances G. Rodgers, et al. v. John Adam Noll, III
Frances G. Rodgers, as next friend of minors Julia Amber Noll and Joshua Aidan Noll (“Plaintiff”) sued John Adam Noll (“Defendant”) for the alleged wrongful death of their mother, Lori Bible Noll (“Deceased”). During discovery, Defendant filed multiple motions alleging discovery violations. After a hearing the Trial Court entered its order on April 25, 2012, which, among other things, imposed sanctions for certain discovery violations and then dismissed Plaintiff’s case due to discovery violations. Plaintiff appeals to this Court. We find and hold that dismissal was too severe a sanction for the discovery violations found. We reverse the dismissal; remand to the Trial Court for a more appropriate award of sanctions; and affirm the remaining specific sanctions awarded by the Trial Court and the remainder of the Trial Court’s April 25, 2012 order. |
Knox | Court of Appeals | |
State of Tennessee v. Gretchen Rochowiak
The defendant, Gretchen Rochowiak, appeals the Sullivan County Criminal Court’s denial of judicial diversion for her convictions of conspiracy to introduce contraband into a penal institution and introduction of buprenorphine into a penal institution. Discerning no error, we affirm the judgments of the trial court. |
Sullivan | Court of Criminal Appeals | |
Angela K. Thomas v. Jeffery K. Thomas
In this post-divorce appeal, Husband appeals the trial court’s imputation of income to him for the purpose of setting his alimony and child support obligations, the determination of parenting time, and the award of a retirement account to Wife. Finding no error, we affirm the trial court. |
Rutherford | Court of Appeals | |
Earl Greenwood v. Christi Purrenhage
Father seeks additional time with the children, alleging that a failed attempted reconciliation created a material change in circumstances. The trial judge found no material change in circumstances. We affirm. |
White | Court of Appeals | |
Elgene Porter v. State of Tennessee
Elgene Porter ("the Petitioner") was convicted by a jury of conspiracy to commit aggravated burglary, aggravated burglary, attempted aggravated robbery, aggravated rape, and two counts of aggravated kidnapping. The trial court sentenced the Petitioner as a Range I, violent offender to an effective sentence of forty-two years’ incarceration at 100%. The Petitioner subsequently filed for post-conviction relief, which the post-conviction court denied following an evidentiary hearing. The Petitioner now appeals, arguing that he received ineffective assistance of counsel. Upon our thorough review of the record and the applicable law, we affirm the judgment of the post-conviction court. |
Rutherford | Court of Criminal Appeals | |
State of Tennessee v. Jose L. Hidalgo
The Defendant, Jose L. Hidalgo, was convicted by a Davidson County jury of four counts of sexual battery by an authority figure, one count of aggravated rape, one count of aggravated child abuse, and one count of aggravated child neglect. Thereafter, the aggravated child neglect conviction was merged with the aggravated child abuse conviction. The Defendant received sentences of four years for each count of sexual battery by an authority figure, twenty years for the aggravated rape conviction, and ten years for the aggravated child abuse conviction. The trial court ordered each of the four-year sentences to run concurrently with one another but consecutive to the remaining sentences of twenty and ten years, which were likewise to be served consecutively, resulting in a total effective sentence of thirty-four years. On appeal, the Defendant raises the following issues for our review: (1) whether the trial court erred by allowing the victim’s mother to testify in rebuttal as to when the victim reported the sexual abuse to her; (2) whether the evidence was sufficient to support his aggravated child neglect conviction; and (3) whether partial consecutive sentences were appropriate. Following our review, we affirm the jury’s verdicts of guilt for each offense and the imposition of consecutive sentencing. However, we remand for entry of corrected judgment of conviction forms to properly reflect the counts as numbered in the amended indictment and the merger of the aggravated child neglect conviction into the aggravated child abuse conviction. The judgments are affirmed in part and vacated in part, and this case is remanded to the trial court for further proceedings in accordance with this opinion. |
Davidson | Court of Criminal Appeals | |
Lance Vogel v. State of Tennessee
The Petitioner, Lance Vogel, appeals the denial of post-conviction relief from his convictions of possession of over half a gram of methamphetamine with intent to sell or deliver, initiating a process intended to result in the manufacture of methamphetamine, possession of a controlled substance, and habitual traffic offender, for which he received an effective forty-year sentence. In this appeal, he contends that he received the ineffective assistance of counsel. Upon review, we affirm the judgment of the post-conviction court. |
Warren | Court of Criminal Appeals | |
Huedel Sparkman v. State of Tennessee
Much aggrieved by his conviction of possession of cocaine with intent to sell or deliver, the petitioner, Huedel Sparkman, sought post-conviction relief in the Marshall County Circuit Court, alleging that, among other things, he was deprived of the effective assistance of counsel at trial. Following an evidentiary hearing, the post-conviction court denied relief. On appeal, the petitioner contends that trial counsel performed deficiently by failing to file two motions to suppress. Discerning no error, we affirm the order of the post-conviction court. |
Marshall | Court of Criminal Appeals | |
Dakota Cisneros v. State of Tennessee
The Petitioner, Dakota Cisneros, appeals the Davidson County Criminal Court’s denial of his petition for post-conviction relief from his 2010 convictions upon guilty pleas for aggravated sexual battery and three counts of aggravated robbery and his effective twenty-four-year sentence. On appeal, the Petitioner contends that the trial court erred by finding that his guilty pleas were knowing, voluntary, and intelligent. We affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Eugene M. Hogbin
A Cheatham County Circuit Court jury convicted the defendant, Eugene M. Hogbin, of two counts of aggravated sexual battery. The trial court imposed an effective sentence of 20 years’ incarceration. On appeal, the defendant challenges both the length and the alignment of the trial court’s sentencing determination. Discerning no reversible error, we affirm the judgments of the trial court. |
Cheatham | Court of Criminal Appeals | |
In the Matter of: Jacob H. C.
Petitioner in a proceeding to modify child support filed a motion for recusal with the trial judge alleging that the judge was a personal friend and had a business relationship with the father of one of the parties. The trial judge denied the motion and the petitioner then filed this interlocutory appeal as of right pursuant to Tenn. Sup. Ct. R. 10B. We affirm the denial of the motion for recusal. |
Williamson | Court of Appeals | |
Melody Pierce (Formerly Stewart) v. City of Humboldt, Tennessee
This appeal involves alleged employment discrimination based on gender and pregnancy. The female plaintiff was employed as a police officer by the defendant city. While off duty, the plaintiff encountered an ex-boyfriend against whom she had procured an order of protection. Based on this encounter, she filed a criminal charge against the ex-boyfriend for violating the order of protection. The defendant’s police chief ordered an internal affairs investigation, and the ex-boyfriend filed criminal charges against the plaintiff for filing a false charge. The plaintiff was suspended with pay pending resolution of the criminal charges. Soon after that, the plaintiff informed the police chief that she was pregnant. After the ex-boyfriend’s criminal charges against the plaintiff were dropped, the police chief terminated the plaintiff’s employment based on the results of the internal affairs investigation. The termination was upheld by the city’s mayor and its board of aldermen. The plaintiff filed this lawsuit against the employer city, alleging discrimination based on gender and pregnancy pursuant to the Tennessee Human Rights Act. The employer city filed a motion for summary judgment, asserting that the plaintiff had no credible evidence that she was treated less favorably than similarly situated male employees. The trial court granted summary judgment in favor of the employer city. The plaintiff now appeals. We reverse, finding that the standard for summary judgment under Hannan v. Alltel Publishing Company and Gossett v. Tractor Supply Company has not been met in this case. |
Gibson | Court of Appeals | |
Harold Moore v. Correct Care Solutions, LLC, et al.
The trial court dismissed Plaintiff’s action against Shelby County and Correct Care Solutions, LLC, a health care provider contracted by the County to provide health care to inmates, for the failure to comply with the mandatory notice requirements set forth in Tennessee Code Annotated 29-26-121. We affirm dismissal of Plaintiff’s claims against Correct Care Solutions, reverse dismissal of his claim against Shelby County, and remand for further proceedings. |
Shelby | Court of Appeals | |
State of Tennessee v. Erica Harris
The defendant, Erica Harris, appeals her Knox County Criminal Court jury conviction of the sale and delivery of .5 grams or more of cocaine, claiming that the trial court erred by admitting certain evidence in violation of Tennessee Rule of Evidence 404(b) and evidence of poor quality in violation of Tennessee Rule of Evidence 403 and that admission of a map violated her constitutional right to confront the witnesses against her. Discerning no error, we affirm. |
Knox | Court of Criminal Appeals |