Melvin J. Reed, Jr. v. State of Tennessee
The petitioner, Melvin J. Reed, Jr., appeals the summary dismissal of his petition for post-conviction relief as untimely. In this appeal, he asserts that the post-conviction court erred by summarily dismissing his petition because principles of due process require the tolling of the statute of limitations in his case. Because we agree that the petitioner alleged grounds for due process tolling of the post-conviction statute of limitations, we reverse the dismissal of his petition and remand the case for a hearing to determine whether due process requires tolling of the statute of limitations. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Vincent D. Steele
Following his guilty pleas to reckless aggravated assault, assault, and possession with intent to sell .5 grams or more of cocaine, the Montgomery County Circuit Court sentenced the defendant, Vincent D. Steele, as a Range I, standard offender to concurrent terms of four years, 11 month and 29 days, and 11 years’ imprisonment, respectively, to be served consecutively to a previously-imposed sentence. On appeal, the defendant argues that the sentence imposed was excessive both in length and manner of service. Discerning no error, we affirm the judgments of the trial court. |
Montgomery | Court of Criminal Appeals | |
State of Tennessee v. Tracy Direll Woodard
The defendant, Tracy Direll Woodard, entered open guilty pleas to three counts of the sale of less than .5 grams of cocaine, see T.C.A. § 39-17-417(c)(2)(A); three counts of the delivery of less than .5 grams of cocaine, see id.; sale of a counterfeit controlled substance, see id. § 39-17-423(a)(1); and delivery of a counterfeit controlled substance, see id. § 39-17-423(a)(2). At sentencing, the trial court merged each delivery conviction into the corresponding sale conviction and imposed an effective sentence of 16 years’ incarceration. On appeal, the defendant argues that the sentences are excessive. We affirm the sentencing decision of the trial court. On remand, however, we direct the trial court to correct the judgments to properly effectuate merger of the alternative counts of sale and delivery. |
Bedford | Court of Criminal Appeals | |
Timothy L. Jefferson v. State of Tennessee
The petitioner, Timothy L. Jefferson, appeals from the summary dismissal of his petition for writ of error coram nobis which challenged his 2001 guilty-pleaded conviction of second degree murder. Discerning no error, we affirm. |
Davidson | Court of Criminal Appeals | |
In Re: Dakota L.M.
This is a termination of parental rights case in which the Tennessee Department of Children’s Services sought to terminate the parental rights of Brandon M. and Anthony T. to their minor child. The trial court terminated Brandon M.’s parental rights, finding that there was clear and convincing evidence to support termination based upon, abandonment, substantial non-compliance with the permanency plans, and persistence of conditions and that termination of her parental rights was in the best interest of the child. Brandon M. appeals the court’s best interest determination. We affirm the decision of the trial court. |
Greene | Court of Appeals | |
In Re The Matter of Cheetah Lounge, Inc., dba "The Cheetah Lounge" et al. v. Sarasota County
After a subpoena duces tecum was served on Chattanooga attorney Scott D. Bergthold (“the Attorney”) requiring him to appear for a deposition in Hamilton County and to produce documents regarding ordinances enacted by Sarasota County, Florida (“the County”)pertaining to “adult businesses,” he filed this action as a motion for a protective order pursuant to the Uniform Interstate Depositions and Discovery Act, Tenn. Code Ann. § 24-9-201, et seq. (Supp. 2011). The Attorney asserted, on behalf of himself and the County, that the information sought was protected by the attorney-client privilege and the work-product doctrine and that the discovery was overly broad and unduly burdensome. The trial court granted the protective order and quashed the subpoena. The subpoena had been issued and served at the request of Cheetah Lounge, Inc., dba “The Cheetah Lounge” and Sarasota Eateries, LLC (“the Adult Clubs”) as a part of their discovery in a Florida case wherein they challenged the constitutionality of the subject ordinances. The Adult Clubs appeal. While this matter was pending oral argument before us, the County filed motions asking that this Court consider dual facts, i.e., (1) that, following the entry of the trial court’s judgment, the Florida court dismissed the underlying case and (2) that court later denied the Adult Clubs’ motion to rehear. We directed the parties to brief the issue of whether this ancillary matter is rendered moot by the dismissal of the underlying action. We now hold that this case is moot. Accordingly, this appeal is dismissed. |
Hamilton | Court of Appeals | |
Harriet Tubman Development/CHA v. Reginald Locklin
The Chattanooga Housing Authority (“CHA”) evicted its tenant, Reginald Locklin (“the Tenant”), after two of his sons were involved in an incident with neighbors. The eviction was accomplished by order of the trial court giving CHA possession of the property. The Tenant appeals arguing that CHA, which is a public housing authority (“PHA”), made the decision to evict him and his family arbitrarily and without due process. We affirm. |
Hamilton | Court of Appeals | |
In Re: Ethin E.S., et al.
Donna J.S. (“Mother”) appeals an order terminating her parental rights to her minor children, Ethin E.S. and Mary J.C. (collectively “the Children”). The younger child, Ethin, was born drug-exposed and required intensive care for treatment of his withdrawal symptoms. As a result, the Department of Children’s Services (“DCS”) became involved. In the weeks after Ethin’s birth, a protective order was entered and DCS took temporary custody of the Children. Following a two-day bench trial, the court found that there are multiple grounds for terminating Mother’s rights and that termination is in the best interest of the Children, both findings by the court said to be based upon clear and convincing evidence. Mother challenges both of these determinations and, in addition, contends that DCS failed to provide reasonable efforts to assist her toward reunification with the Children. Finding no error, we affirm the trial court’s judgment. |
Knox | Court of Appeals | |
Edward Jerome Harbison v. State of Tennessee
Petitioner, Edward Jerome Harbison, appeals the Hamilton County Criminal Court’s summary dismissal of his petition for writ of error coram nobis seeking relief from his 1983 convictions for first degree murder, second degree burglary, and grand larceny. Petitioner claims that an order of a previous coram nobis court establishes a new predicate for review. Petitioner also claims that a statement of a prosecutor during a previous hearing constitutes “new evidence.” Following our review, we affirm the judgment of the error coram nobis court. |
Hamilton | Court of Criminal Appeals | |
Janice Riddle v. Keith Carlton
Former client filed a pro se complaint for legal malpractice against her former attorney. She had previously filed a complaint against the attorney with the Tennessee Board of Professional Responsibility, and that matter had been resolved in the attorney’s favor nearly two years before she filed the malpractice complaint. The trial court dismissed the complaint for malpractice, finding it barred by the one-year statute of limitations for such claims. The former client appealed. We affirm. |
Shelby | Court of Appeals | |
State of Tennessee v. Terry Bonds
Appellant, Terry Bonds, appeals the trial court’s revocation of his probation, claiming that the trial court did not have jurisdiction to revoke his probation because his sentence had expired. Appellant also claims that the trial court abused its discretion by revoking his probation. The State contends that this court should dismiss the appeal because the notice of appeal was untimely and deficient in form. Finding no error, we affirm the judgment of the trial court. |
Hamilton | Court of Criminal Appeals | |
Danny Miller v. State of Tennessee
The Petitioner, Danny Miller, appeals the Knox County Criminal Court’s denial of his petition for post-conviction relief from his 1979 conviction of criminal sexual conduct in the first degree and resulting life sentence. On appeal, he argues that the post-conviction court erred by denying his petition to test DNA evidence pursuant to the Post-Conviction DNA Analysis Act of 2001. Based upon the oral arguments, the record, and the parties’ briefs, we affirm the post-conviction court’s denial of the petition. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Guy Alvin Williamson
After an investigatory stop and frisk, the defendant was charged with the unlawful possession of a handgun after a felony conviction and the unlawful possession of a handgun while under the influence of alcohol and was convicted on both counts. The trial court imposed probationary sentences of three years and eleven months, twenty-nine days, respectively. The defendant appealed, arguing that his motion to suppress evidence should have been granted. The Court of Criminal Appeals affirmed. This Court granted the defendant’s application for permission to appeal. Because the investigatory stop and frisk of the defendant was not supported by specific and articulable facts establishing reasonable suspicion that a criminal act was being or about to be committed, the trial court erred by failing to suppress the handgun found by the police and presented as evidence at trial. The judgments of conviction are, therefore, reversed and the cause dismissed. |
Tipton | Supreme Court | |
JRM Investments, Inc. v. National Standard, LLC
The circuit court granted the Defendant’s motion to dismiss for lack of personal jurisdiction pursuant to Rule 12.02(2) of the Tennessee Rules of Civil Procedure. We affirm. |
Shelby | Court of Appeals | |
Joseph Barna v. Preston Law Group, P.C. et al.
Plaintiff appeals from the summary dismissal of his legal malpractice claim against his former attorney who represented him during an arbitration of a securities dispute. Finding that there are no genuine issues of material fact and that Defendants negated an essential element of Plaintiff’s claim, causation, we affirm the summary dismissal of the action. |
Davidson | Court of Appeals | |
Douglas Stogner v. Roseann Stogner (Sullivan)
In this post-divorce proceeding, Mother appeals the trial court’s order enjoining the parties from allowing their child to be in the presence of a friend of Mother’s. Father appeals the trial court’s calculation of the number of days he exercises parenting time for purposes of determining his child support. Finding that the court erred in its calculation of the number of days of Father’s parenting time, we vacate the award of child support and remand for a redetermination. We affirm the trial court’s issuance of the injunction. |
Davidson | Court of Appeals | |
Rozbeh Zaire v. Amir Roshan-Far
This appeal arises out of a lawsuit in which plaintiff sought recovery on claims of fraudulent inducement, breach of contract, negligent misrepresentation, and intentional misrepresentation with respect to the purchase of real property; the trial court awarded judgment to plaintiff only on the claim for negligent misrepresentation only. Both parties appeal. We affirm the judgement in all respects |
Davidson | Court of Appeals | |
Caroline Tippens-Florea v. Johnathan Matthew Florea
Following a short marriage, the parties were divorced. The issues raised in this appeal by the husband pertain to the marital classification and valuation of the husband’s gun collection, the award of one year of transitional alimony to the wife, and the award of $15,000 for the wife’s attorney’s fees. For her part, the wife contends the husband has not paid the judgment for her portion of the marital estate, $8,065.94, and that she is entitled to post-judgment interest. We find no error with the valuation of the marital estate or the award of transitional alimony and attorney’s fees and, thus, affirm the trial court. As for the wife’s claim for postjudgment interest on any portion of the marital estate which the husband has not paid, it is an issue for the trial court to determine whether the husband has failed to timely pay any portion of the judgment and, if so, to award post-judgment interest pursuant to Tennessee Code Annotated §§ 47-14-121 & -122. The wife also seeks to recover attorney’s fees she incurred on appeal. We find she is entitled to recover her reasonable and necessary attorney’s fees and remand for the trial court to make the appropriate award. |
Davidson | Court of Appeals | |
Ted A. Puckett v. Ray Lyons
This is an appeal from an order entered by the Circuit Court for Bedford County denying the appellant leave to proceed in that court on a pauper’s oath. Because the order appealed does not resolve all the claims between the parties, we dismiss the appeal for lack of a final judgment. |
Bedford | Court of Appeals | |
State of Tennessee v. Brandi Nichole Miller
The defendant, Brandi Nichole Miller, appeals the revocation of her probation and reinstatement of her original twelve-year sentence, arguing: (1) that the trial court abused its discretion by revoking her probation; (2) that her due process rights were violated by the fact that the trial court relied on grounds that had formed the bases for her prior probation revocations and were not alleged in the instant revocation warrant; and (3) that the trial court erred by ordering her to serve sentences that had already expired. Following our review, we affirm the judgment of the trial court revoking the defendant’s probation and reinstating her twelve-year sentence in the Department of Correction. |
Giles | Court of Criminal Appeals | |
Jonathan Lawrence v. State of Tennessee
The Petitioner, Jonathan Lawrence, appeals the Davidson County Criminal Court’s denial of his petition for post-conviction relief from his convictions of two counts of especially aggravated kidnapping, one count of aggravated kidnapping, three counts of aggravated robbery, and resulting effective sentence of twenty-five years in confinement. On appeal, the Petitioner contends that he did not plead guilty knowingly, intelligently, and voluntarily. Based upon the oral arguments, the record, and the parties’ briefs, we affirm the judgment of the post-conviction court. |
Davidson | Court of Criminal Appeals | |
Jamiel D. Williams v. State of Tennessee
The petitioner, Jamiel D. Williams, appeals the denial of his petition for post-conviction relief, arguing that the post-conviction court erred in finding that he received effective assistance of counsel. Following our review, we affirm the denial of the petition |
Williamson | Court of Criminal Appeals | |
State of Tennessee v. Barry D. McCoy
In this interlocutory appeal by the State, the State challenges the trial court’s ruling denying the State’s request to admit into evidence at trial the video-recorded interview of the minor victim pursuant to newly-enacted Tennessee Code Annotated section 24-7-123. Because the trial court erred by reaching the constitutional question before it was ripe for review, the ruling of the trial court is vacated, and the case is remanded for further proceedings. |
Montgomery | Court of Criminal Appeals | |
Consumer Advocate & Protection Division of the Office of the Attorney General of Tennessee v. Tennessee Regulatory Authority
This is an appeal from an order of the Tennessee RegulatoryAuthority(“TRA”). The appeal was filed by the Consumer Advocate and Protection Division of the Office of Tennessee’s Attorney General. It challenges the TRA’s authority to allow a gas company to recover attorney fees that were incurred in a proceeding before the TRA that did not involve ratemaking, and the TRA’s authority to order that the attorney fees be recovered from asset management funds. We conclude that the TRA has the authority to order that such litigation fees be recovered as any other reasonable and prudent operating expense of the utility, and that the TRA acted within its authority in ordering that the fees be paid out of asset management funds. The TRA’s decision, therefore, is affirmed. |
Court of Appeals | ||
Franklyn Nathaniel Morgan v. Kandi Tonyelle Morgan
Franklyn Nathaniel Morgan (“Father”) filed this divorce action after his spouse, Kandi Tonyelle Morgan (“Mother”), was hospitalized because she had ingested an overdose of medication. Father was given temporary custody of the parties’ daughter who was four years old when the parties separated. Mother then obtained temporary custody based on proof that the Father allowed the marital residence to become filthy and dangerous. After a hearing, the court entered a temporary parenting plan based on “week-about” parenting. After a trial, the court made Mother the primary residential parent during the school year and Father the primary residential parent during the summer. The court also awarded Father parenting time during the spring break and two-thirds of the Christmas break. The court further ordered that Father would pick up the child after school and exercise parenting time from then until he went to work at 6:00 p.m. on his workdays, or until 7:00 p.m., when Mother got off from work on her workdays. Mother had 252 parenting days and Father had 113. The court set Father’s child support according to the Child Support Guidelines (“the Guidelines”), but allowed Father a downward deviation of $30 per month based on the extra parenting time after school, which the court found was not taken into account by the Guidelines. Mother appeals. We modify the judgment to designate Mother the sole primary residential parent. In all other respects, the judgment is affirmed. |
Greene | Court of Appeals |