Ron W. Robinson v. Bridgestone Americas Tire Operations, LLC
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 pursuant to Tenn. Sup. Ct. R. 51. The employee injured his neck in the course of his employment in 2005. He returned to work for his pre-injury employer and settled his claim subject to the one and one-half times impairment cap. In 2009, the employer entered into a new collective bargaining agreement in which the hourly wages of all production workers were reduced. Thereafter, the employee sought reconsideration on his earlier settlement pursuant to Tenn. Code Ann. § 50-6-241(d)(1)(B) (2008). The trial court held that the across-the-board wage reduction did not trigger the right to reconsideration and denied the employee’s claim. We affirm the judgment. |
Rutherford | Workers Compensation Panel | |
Edward Hanson v. J.C. Hobbs Company, Inc.
This case arises out of the sale of a tractor. The plaintiff purchaser bought a tractor online from the defendant company, which specializes in the sale of tractors. The company advertised the tractor as having many fewer hours of use than it actually had. After taking possession of the tractor and learning the tractor’s true condition, the purchaser filed this lawsuit against the company, alleging breach of contract, fraudulent misrepresentation, rescission, and violation of the Tennessee Consumer Protection Act. After a bench trial, the trial court held in favor of the purchaser, and awarded compensatory damages and attorney fees. The company now appeals, arguing inter alia that the evidence does not support an award of compensatory damages under the Tennessee Consumer Protection Act. We affirm. |
Henry | Court of Appeals | |
State of Tennessee v. Jimmy Jackson
A Davidson County Criminal Court Jury convicted the appellant, Jimmy Jackson, of one count of selling .5 grams or more of cocaine within a drug-free school zone and one count of delivering .5 grams or more of cocaine within a drug-free school zone, Class B felonies. The trial court merged the convictions and sentenced him as a Range II offender to fourteen years. On appeal, the appellant contends that the trial court erred by ruling he could not question a State’s witness about conduct involving dishonesty pursuant to Tennessee Rule of Evidence 608(b) and that the trial court erred by refusing to instruct the jury on facilitation. Based upon the record and the parties’ briefs, we conclude that the trial court erred by refusing to instruct the jury on facilitation and that the error was not harmless. Therefore,the appellant’s convictions are reversed,and the case is remanded to the trial court for a new trial. |
Davidson | Court of Criminal Appeals | |
Stonebridge Life Insurance Company, Gwendolyn R. Williams v. Onzie O. Horne, III
This is an interpleader action resulting from competing claims to the proceeds of a life insurance policy. The trial court granted summary judgment to the Insured’s mother, finding that, because she was the only named beneficiary of the policy, she was entitled to the proceeds. Insured’s husband appeals, arguing that, because Insured’s mother was only named as a contingent beneficiary, the default provisions of the policy remained in effect, resulting in him being the primary beneficiary of the policy. Husband also appeals the trial court’s dismissal of his bad faith claim against the insurer. We affirm the dismissal of the bad faith claim, but conclude that the contract at issue is ambiguous and the issue in this case is not properly decided on summary judgment. Affirmed in part, reversed in part, and remanded. |
Shelby | Court of Appeals | |
In Re: Dylan P.
The trial court determined that the minor children in this case were dependent and neglected upon finding that one of the children was the victim of severe child abuse. Mother appeals. We dismiss for lack of jurisdiction. |
Putnam | Court of Appeals | |
State of Tennessee v. Jeremy Keeton
The Supreme Court entered a order 11/21/12 in the case of State vs. Jeremy Keeton vacating the judgment of the Court of Criminal Appeals and remanding the case to the trial court for supplementation of the record in the case of State vs. Jeremy Keeton M2009-1928-CCA-R3-CD filed 6/26/12. |
Wayne | Court of Criminal Appeals | |
Tamala Teague, as successor personal representative of the Estate of Lola Lee Duggan v. Garnette Kidd, et al.
This appeal involves a claim filed by the Administrator of Decedent’s estate to recover monetary assets that were misappropriated from Decedent prior to her death. Administrator alleged that the Kidds depleted Decedent’s monetary assets, thereby breaching a confidential relationship they held with her. The trial court agreed and issued a judgment against the Kidds with prejudgment interest. We affirm the judgment against Wife as modified but reverse the judgment against Husband. The case is remanded. |
Polk | Court of Appeals | |
State of Tennessee v. Charles E. Lowe-Kelley
A Maury County Circuit Court jury convicted the defendant, Charles E. Lowe-Kelley, of two counts of premeditated murder, two counts of felony murder, and nine counts of attempted first degree murder. At sentencing, the trial court imposed consecutive sentences of life with the possibility of parole for each premeditated murder conviction, merged the felony murder convictions into the premeditated murder convictions, and imposed concurrent sentences of 15 years’ incarceration for each attempted first degree murder conviction to be served concurrently with the two life sentences. In addition to contesting the sufficiency of the evidence on appeal, the defendant contends that the trial court erred by (1) denying his motion for a continuance, (2) allowing a juror to remain on the jury who expressed an opinion about the case, (3) admitting evidence without establishing a proper chain of custody, (4) admitting a tape-recorded conversation between the defendant and a separately-tried codefendant, and (5) imposing consecutive sentences. On initial review, we concluded that all issues except the sufficiency of the evidence and sentencing were waived because the defendant failed to file a timely motion for new trial. See State v. Charles E. Lowe-Kelley, No. M2010-00500-CCA-R3-CD (Tenn. Crim. App., at Nashville, Feb. 14, 2011). The petitioner applied for permission to appeal this court’s decision to the Tennessee Supreme Court pursuant to Rule 11 of the Rules of Appellate Procedure. On August 28, 2012, the supreme court ruled that the defendant’s motion for new trial was timely and that the trial court properly allowed amendments to the motion for new trial and remanded the case to this court for consideration of the defendant’s appellate issues. Discerning no error, we affirm the judgments of the trial court. |
Maury | Court of Criminal Appeals | |
In Re: Conservatorship of Maurice M. Acree, Jr., et al. v. Nancy Acree, et al.
In this action a Petition was filed and a conservator was appointed for Dr. Maurice M. Acree, |
Davidson | Court of Appeals | |
In the Matter of: Christopher A. D.
The mother brought a petition to modify support and for contempt, alleging that the father |
Davidson | Court of Appeals | |
In Re Estate of Margaret L. Swift - Dissenting
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Shelby | Court of Appeals | |
State of Tennessee v. Travis Davison
The Appellant filed a motion to correct a judgment pursuant to Tennessee Rule of Criminal Procedure 36 in the Shelby County Criminal Court. The trial court subsequently entered an order denying the Appellant’s motion. In this appeal, the Appellant contends that the trial court erred in denying his motion. Because there is no appeal as of right from the denial of a Rule 36 motion to correct a judgment, the appeal is dismissed. |
Shelby | Court of Criminal Appeals | |
Timmy Herndon v. State of Tennessee
The Petitioner, Timmy Herndon, appeals from the Criminal Court of Shelby County’s summary dismissal of his petition for habeas corpus relief. In 1999, the Petitioner was convicted of aggravated robbery and received a fifteen-year sentence. Two months before his parole was set to expire, the Petitioner, acting pro se, filed a twenty-two page petition for habeas corpus relief alleging a variety of issues all related to the constitutionality of the aggravated robbery statute upon which he was convicted. The habeas corpus court dismissed the petition as moot because, at the time of the hearing, the Petitioner’s sentence and parole had expired. In this appeal, the Petitioner presents the following issues for our review: (1) whether he is entitled to a hearing because he filed his petition for habeas corpus relief prior to the expiration of his sentence and parole; (2) whether his claim presents “a present and live, controversy”; (3) whether “‘potential’ merits” to his claim exist which entitle him to appointed counsel; and (4) whether the habeas corpus court’s order summarily dismissing his petition is void because the court “acted without subject matter jurisdiction.” Upon review, we affirm the judgment of the habeas corpus court. |
Shelby | Court of Criminal Appeals | |
BSG, LLC v. Check Velocity, Inc.
A contract required payment of “fee residuals” from customers referred by BSG, LLC to Check Velocity, a company providing check re-presentment services. The contract provided that payment of fee residuals survived the termination of the agreement between the parties and continued until the “expiration of the Customer agreements as they may be renewed.” Two agreements were executed between a referred customer and Check Velocity. The first agreement, which expired by its own terms, provided for check re-presentment services. The second agreement continued the re-presentment services required by the first agreement and added additional services. In addition, other terms of the first agreement were changed, including a choice of law provision. We hold that the second agreement with additional services and changed terms was not a renewal of the first agreement. Accordingly, we reverse the Court of Appeals and affirm the trial court’s grant of summary judgment in favor of Check Velocity. |
Davidson | Supreme Court | |
In Re Estate of Margaret L. Swift
This appeal involves the interpretation of a will. The named residuary beneficiary predeceased the testatrix. The executrix of the decedent’s estate argued that a survivorship requirement in the will applies to the named residuary beneficiary, so her interest lapsed. The issue of the residuary beneficiary argued that the survivorship requirement did not apply to the residuary beneficiary, so Tennessee’s anti-lapse statute operates to pass the beneficiary’s interest to her issue. The trial court held for the executrix, construing the will so as to apply the survivorship requirement to the residuary beneficiary. We agree with the trial court’s interpretation of the will, and so affirm. |
Shelby | Court of Appeals | |
State of Tennessee v. Demetrius M. Clark
The Defendant-Appellant, Demetrius M. Clark, was convicted by a Madison County Circuit Court jury of two counts of possession of more than .5 grams of cocaine with the intent to sell and/or deliver, two counts of possession of hydrocodone with the intent to sell and/or deliver, one count of possession of a firearm with the intent to go armed during the commission of a dangerous felony, and one count of possession of drug paraphernalia. The trial court merged the two convictions for cocaine possession and merged the two convictions for hydrocodone possession and sentenced Clark as a Range I, standard offender to concurrent sentences of ten years for the cocaine possession conviction, three years for the hydrocodone possession conviction, and eleven months and twenty-nine days for the drug paraphernalia conviction and to a consecutive sentence of three years at one hundred percent for the firearm conviction, for an effective sentence of thirteen years. On appeal, Clark argues: (1) he was deprived of his due process right to present a defense; (2) the trial court committed plain error in denying his motion to suppress evidence recovered pursuant to a search warrant; and (3) the evidence is insufficient to sustain his convictions. Upon review, we affirm the judgments of the trial court. |
Madison | Court of Criminal Appeals | |
Bridget Michelle Agee v. Jason Forest Agee
In this post-divorce dispute, Father challenges the trial court’s modification of the parenting plan to designate Mother as primary residential parent and the trial court’s calculation of his income and monthly child support obligation. Discerning no error, we affirm. |
Sumner | Court of Appeals | |
Joshua Hilliard v. Turney Center Disciplinary Board, et al.
Inmate appeals the dismissal of his petition for writ of certiorari. The chancery court dismissed the petition for lack of subject matter jurisdiction based upon the expiration of the applicable statute of limitations and because inmate failed to show that the prison disciplinary board acted illegally, fraudulently, or arbitrarily. We affirm, finding the inmate failed to show that the disciplinary board exceeded its jurisdiction or acted illegally, fraudulently, or arbitrarily. |
Hickman | Court of Appeals | |
Rick Earl, et al. v. Dr. Raquel Hatter, Commissioner, Tennessee Department of Human Services, et al.
Married couple sought judicial review of decision of Department of Human Services holding that they were not eligible for medicaid under an amendment to the Social Security Act known as the “Pickle Amendment.” Upon consideration of the record we affirm the judgment of the Chancery Court. |
Davidson | Court of Appeals | |
State of Tennessee v. Christopher Wayne Lee
The appellant, Christopher Wayne Lee, appeals the Dyer County Circuit Court’s revoking his probation for robbery and burglary and ordering him to serve his sentences in confinement. Based upon the record and the parties’ briefs, we affirm the judgment of the trial court. |
Dyer | Court of Criminal Appeals | |
Fred Smith v. Henry Steward, Warden
The Petitioner, Fred Smith, appeals the Lake County Circuit Court’s dismissal of his petition for a writ of habeas corpus, arguing that his fifty-year sentence for second degree murder is illegal. Upon review of the record and the parties’ briefs, we conclude that the habeas corpus court properly dismissed the petition. |
Lake | Court of Criminal Appeals | |
State of Tennessee v. Reginald Dewayne Terry
Defendant, Reginald Dewayne Terry, was indicted by the Davidson County Grand Jury in a two-count indictment for aggravated burglary with intent to commit theft and with intent to commit assault. Defendant was convicted by a jury of the count of aggravated burglary with intent to commit theft and sentenced by the trial court to 15 years confinement. Defendant appeals his conviction and asserts that: 1) the trial court erred by denying his motion to suppress the victim’s identification of Defendant in a photographic lineup; 2) the trial court erred by allowing Detective Gerald McShepard to testify that the photo of Defendant used in the photo lineup was a booking photo because such testimony was more prejudicial than probative; 3) the trial court erred by refusing to allow Defendant to crossexamine the victim about her failure to appear at a prior court date; 4) the trial court erred by allowing Detective McShepard to give a lay opinion regarding fingerprint evidence; and 5) the evidence is insufficient to sustain his conviction for aggravated burglary. After a careful review of the record, we conclude that the trial court erred by ruling that the victim’s refusal to appear at the originally scheduled trial date was not relevant to her credibility as a witness. Therefore, we reverse the judgment of the trial court and remand this case for a new trial. |
Davidson | Court of Criminal Appeals | |
Anna Ruth Collins (Eisenberg) v. The Estate of Harvey L. Collins
This is an action to collect child support ordered in the parties’ 1965 divorce decree. The Trial Court held that the ten year statute of limitations contained in Tenn. Code Ann. § 28-3- 110(2) acted as a bar to this action and dismissed the case. Anna Ruth Collins (Eisenberg) appeals to this Court. We affirm. |
Knox | Court of Appeals | |
Board of Professional Responsibility of the Supreme Court of Tennessee v. Thomas Ewing Cowan
This appeal involves a determination of the proper final discipline for an attorney who pleaded guilty to willful tax evasion. We hold that because ABA Standard for Imposing Lawyer Sanctions 5.11(b)applies to criminal acts such as those admitted by the attorney here, the trial court’s order of disbarment is affirmed. |
Carter | Supreme Court | |
R. Douglas Hughes et al. v. New Life Development Corporation et al.
This appeal involves the validity and effect of amendments to restrictive covenants for a residential development and amendments to the charter and bylaws for the homeowners’ association serving the development. After the death of the president of the original corporate developer, a successor developer purchased the original developer’s remaining property with the intent to continue to develop the property. Several homeowners filed suit in the Chancery Court for Franklin County, alleging that the successor developer’s new development plan violated restrictive covenants. The trial court granted the successor developer a judgment on the pleadings, and the homeowners appealed. The Court of Appeals remanded the case for further proceedings, principally on the question of whether a general plan of development, or the plat for the subdivision, gave rise to certain implied restrictive covenants. Hughes v. New Life Dev. Corp., No. M2008-00290-COA-R3-CV, 2009 WL 400635, at *9-10 (Tenn. Ct. App. Feb. 17, 2009). While the successor developer’s application for permission to appeal was pending, the homeowners’ association amended its charter and the restrictive covenants to address certain issues identified by the Court of Appeals. Thereafter, the homeowners filed a second suit, principally contesting the validity of the amendments. The trial court consolidated the two suits and granted the successor developer a summary judgment on all claims in both suits. However, the trial court also enjoined the successor developer from acting contrary to its corporate charter. The homeowners appealed a second time. On this occasion, the Court of Appeals concluded that the procedure used to amend the charter and restrictive covenants was valid but remanded the case with directions to determine whether these amendments were reasonable and to determine whether the plat supported the existence of implied restrictive covenants. Hughes v. New Life Dev. Corp., No. M2010-00579-COA-R3-CV, 2011 WL 1661605, at *9-11 (Tenn. Ct. App. Apr. 29, 2011). The successor developer filed an application for permission to appeal, asserting that Tennessee law did not support the Court of Appeals’ reasonableness inquiry and that the plat provided no basis for the existence of implied restrictive covenants. We have determined that the amendments were properly adopted and that there is no basis for implied restrictive covenants arising from a general plan of development or from the plat. |
Franklin | Supreme Court |