Priscilla Lee Slagle v. Lawrence Fred Slagle
This is a divorce case. The parties are Priscilla Lee Slagle (“Wife”) and Lawrence Fred Slagle (“Husband”). They were married for more than thirty years and, prior to the entry of the divorce judgment, they shared the custody of their adopted grandson (“the Child”). Wife sued for divorce on the grounds of inappropriate marital conduct and irreconcilable differences. Husband filed a counterclaim on the same grounds. At a pre-trial hearing, the court held Husband in contempt for violating the statutorily-mandated injunction prohibiting, among other things, the transferring of or the borrowing against “any marital property.” Following the trial, the court additionally found Husband in contempt (1) for failing to comply with discovery requests and (2) for dissipating marital assets. Husband left the country and did not appear at trial. The court granted Wife a divorce predicated on Husband’s inappropriate marital conduct; designated Wife as the Child’s primary residential parent; and prohibited any contact between Husband and the Child until he had purged himself of contempt. The court classified and divided the parties’ assets, awarded Wife $5,000 a month in alimony in futuro, and set Husband’s child support obligation. Husband appeals. He challenges the contempt findings and some financial aspects of the court’s decree. We reverse that part of the judgment barring contact between Husband and the child and downwardly adjust the award of alimony to $3,200 per month. In all other respects, the judgment is affirmed. |
Cumberland | Court of Appeals | |
State of Tennessee v. Sean Higgins
A Shelby County Criminal Court jury found the appellant, Sean Higgins, guilty of driving under the influence (DUI) and reckless driving. The appellant received a total effective sentence of eleven months and twenty-nine days. On appeal, the appellant argues that the evidence was insufficient to sustain his convictions and that the trial court’s allowing the State to question the appellant regarding “the whereabouts of his witnesses and why they were not present to testify on his behalf” shifted the burden of proof to the appellant. Upon review, we affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals | |
In Re: Roni M.H.
The Juvenile Court for Bradley County (“the Juvenile Court”), upon a petition by the State of Tennessee, Department of Children’s Services (“DCS”) and following a trial, terminated the parental rights of Debbie D. (“Mother”) to the minor child Roni M.H. (“the Child”) pursuant to Tenn. Code Ann. § 36-1-113 (g)(1) and Tenn. Code Ann. § 36-1-113 (g)(3) (2010). Mother appeals the termination of her parental rights. We find and hold that clear and convincing evidence existed to terminate Mother’s parental rights pursuant to Tenn. Code Ann. § 36-1-113 (g)(1) and Tenn. Code Ann. § 36-1-113 (g)(3), and that clear and convincing evidence existed that the termination was in the Child’s best interest. We, therefore, affirm the Juvenile Court’s order terminating Mother’s parental rights to the Child. |
Bradley | Court of Appeals | |
LVNV Funding, LLC as Assignee of Sears Gold Mastercard v. Kevin Mastaw
This appeal concerns the collection of credit card debt. The plaintiff, a subsequent purchaser of the debt, filed this collection action against the appellant debtor. On appeal, the appellant debtor argues, inter alia, that the trial court erred in admitting into evidence various documents from a previous owner of the debt, pursuant to the hearsay exception for business records under Tenn. R. Evid. Rule 803(6). We hold that two of the exhibits were not appropriately admitted into evidence under the business records exception. Without those exhibits, we find that the evidence preponderates against the trial court’s judgment in favor of the creditor, and reverse. |
Davidson | Court of Appeals | |
H. Jewell Tindell v. Callie A. West, et al.
A dispute over the extent of lawn being mowed and the manner in which it was being mowed |
Knox | Court of Appeals | |
State of Tennessee v. Ronald Duckett
Defendant, Ronald Duckett, was indicted by the Shelby County Grand Jury for two counts of first degree premeditated murder. Following a jury trial, Defendant was convicted as charged and sentenced by the trial court to serve two concurrent life sentences. In this direct appeal, Defendant asserts that: 1) the trial court erred in refusing to instruct the jury as to voluntary intoxication; 2) the evidence at trial was insufficient to support his convictions; and 3) the trial court erred by reconvening the jury to alter its verdict after the jury had been discharged. Finding no error, we affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals | |
Roy Allen Scott v. David Osborne, Warden
Petitioner, Roy Allen Scott, appeals the Morgan County Criminal Court’s summary dismissal of his petition for writ of habeas corpus. He claims entitlement to habeas corpus relief because the trial court for the underlying convictions was without jurisdiction to enter his conviction for aggravated assault. In addition, he contends that his convictions for driving under the influence and vehicular assault violate double jeopardy principles. Discerning no error, we affirm the judgment of the habeas corpus court. |
Morgan | Court of Criminal Appeals | |
Milton Lee Cooper v. Howard Carlton, Warden
Petitioner, Milton Lee Cooper, appeals the Johnson County Criminal Court’s summary dismissal of his petition for writ of habeas corpus. In this appeal, petitioner claims entitlement to habeas corpus relief because of alleged jurisdictional defects in the indictment. He also contends that the trial court constructively amended the indictment by its jury instructions. Discerning no error, we affirm the judgment of the habeas corpus court. |
Johnson | Court of Criminal Appeals | |
Randall Norwood v. Maytag Corporation d/b/a Maytag Jackson Dishwashing Products
In this workers’ compensation action, the employee contended that he struck his head against the casing of a conveyor belt, causing permanent and total disability due to a resulting cervical strain and mental injury. His employer denied that he sustained any permanent disability as a result of the incident. The trial court awarded 95% permanent partial disability benefits. The employer has appealed, contending that the evidence preponderates against the trial court’s finding. We affirm the judgment. |
Henderson | Workers Compensation Panel | |
Donna Bellomy v. AutoZone, Inc.
The plaintiff in this case is Donna Bellomy. The defendant is a prior employer of hers, AutoZone, Inc. In Bellomy v. AutoZone, Inc., No. E2009-00351-COA-R3-CV, 2009 WL 4059158 (Tenn. Ct. App. E.S., filed Nov. 24, 2009) (“Bellomy I”), we vacated, in part, a summary judgment dismissing the Plaintiff’s entire complaint. We held that the Plaintiff had created genuine issues of material fact with respect to her Tennessee Human Rights Act (“THRA”) claims. On remand, the case progressed through discovery and opening statements, following which the trial court granted a mistrial, holding that the Plaintiff had violated certain rulings made by the court on AutoZone’s motions in limine. The court later granted the defendant partial summary judgment and dismissed the constructive discharge aspect of the Plaintiff’s THRA claims. In the same order, the trial court held the Plaintiff in civil contempt and ruled that the dismissal of the constructive discharge claim was also appropriate as a sanction for violating the court’s rulings entered on AutoZone’s motions. The Plaintiff appeals. We vacate the judgment of dismissal and all other orders of the trial court inconsistent with this opinion and remand for further proceedings. |
Hamilton | Court of Appeals | |
State of Tennessee v. Nathaniel P. Carson
A Davidson County Criminal Court jury convicted the appellant, Nathaniel P.Carson, of two counts of first degree felony murder and two counts of especially aggravated robbery. After a sentencing hearing, the trial court sentenced him to concurrent sentences of life for the murder convictions and fifteen years for the especially aggravated robbery convictions. On appeal, the appellant contends that (1) the evidence is insufficient to support the convictions, (2) the trial court allowed improper evidence under Rule 404(b), Tennessee Rules of Evidence, and (3) the trial court should have granted his motion to suppress telephone records. Based upon the record and the parties’ briefs, we affirm the judgments of the trial court. |
Davidson | Court of Criminal Appeals | |
Paul Vincent Giannini v. Amanda Proffitt
This appeal involves a limitation of liability in an insurance policy. The plaintiff was working in a volunteer capacity for the city. While doing so, the plaintiff sustained injuries in an accident caused by the negligence of the defendant. The plaintiff’s medical expenses were paid through the city’s on-the-job-injury program. The plaintiff had uninsured motorist coverage under his insurance policy with the appellee insurance company. The appellee insurance company denied the plaintiff’s claim based on language in the policy reducing the insurance company’s liability by sums paid under laws similar to workers’ compensation laws. The insurance company asserted that the city’s on-the-job-injury program was similar to workers’ compensation. The plaintiff filed this lawsuit, and the plaintiff and the insurance company filed cross-motions for summary judgment on the issue of coverage. The trial court granted summary judgment in favor of the insurance company, finding that the plaintiff’s benefits under the city’s on-the-job-injury program were similar to workers’ compensation. The plaintiff now appeals. We affirm the grant of summary judgment, for the reason stated by the trial court. |
Shelby | Court of Appeals | |
Karen Johnson v. Beverly Nunis and Farmer's Insurance Exchange
This appeal involves remittitur of a jury verdict. The defendant driver caused a vehicular accident that resulted in substantial personal injuries to the plaintiff. At trial, several witnesses testified to the amount of the plaintiff’s economic damages as well as the noneconomic impact of her injuries. After a trial, the jury returned a special verdict with awards for various categories of economic and non-economic damages. The trial court denied the defendant insurance company’s motion for a new trial but suggested an overall remittitur as to the total verdict. The plaintiff accepted the remittitur under protest and filed this appeal. We affirm the denial of a new trial, reverse the suggestion of remittitur, and reinstate the original jury verdict. |
Shelby | Court of Appeals | |
Marie McPeake v. Edna Dickson and Bridgette Collette Dickson; and Danny Dickson and wife, Vickie Dickson v. Marie McPeake
This appeal arises out of a four-day trial over a boundary line dispute. Numerous surveyors and other witnesses testified at trial, and many maps, aerial photographs, survey plats, deeds, and other documents were entered into evidence. The chancellor personally viewed the property in question as well. Thereafter, the court established the boundary line as set forth in the survey plat prepared by the defendants’ surveyor. The plaintiff contends that this was error. We affirm. |
Henderson | Court of Appeals | |
Ricky Terrell Cox v. State of Tennessee
The petitioner, Ricky Terrell Cox, 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 trial and appellate counsel. Following our review, we affirm the denial of the petition. |
Lauderdale | Court of Criminal Appeals | |
Milton Leon Simpson v. State of Tennessee
The petitioner, Milton Leon Simpson, appeals the summary dismissal of his petition for writ of habeas corpus. Following our review, we affirm the summary dismissal on the grounds that the petitioner has failed to state a cognizable claim for habeas corpus relief. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Robert Earl Grady
The defendant, Robert Earl Grady, pled guilty to aggravated burglary, a Class C felony, and theft of property over $1,000, a Class D felony. After a sentencing hearing, he was sentenced to five years in the Department of Correction. On appeal, he argues that the trial court erred in denying him an alternative sentence. Following our review, we affirm the trial court’s imposition of a sentence of confinement. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Doris Miller
The defendant, Doris Miller, was convicted by a Shelby County Criminal Court jury of assault by provocative contact, a Class B misdemeanor, and sentenced to three months in the county workhouse. On appeal, she challenges the sufficiency of the convicting evidence and the sentence imposed by the trial court. After review, we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
Don Allen Rodgers v. State of Tennessee
The petitioner, Don Allen Rodgers, appeals the denial of his petition for post-conviction relief, arguing that he received ineffective assistance of trial counsel and that his guilty pleas were unknowing and involuntary. Following our review, we affirm the denial of the petition. |
Madison | Court of Criminal Appeals | |
The Convention of the Protestant Episcopal Church in the Diocese of Tennessee, et al. v. The Rector, Wardens, and Vestrymen of St. Andrew's Parish, a Tennessee Corporation
An Episcopal parish in Nashville asserted its intention to disassociate from The Diocese of Tennessee, causing the Diocese to file a declaratory judgment action to determine whether it or the local congregation owned and controlled the real and personal property where the local congregation worshiped. The trial court determined that The Episcopal Church is hierarchical, and based on the canons and constitutions of the Church and its Diocese, ruled that the local parish held the property in trust for the Diocese. The church appealed, and we affirm the trial court’s judgment. |
Davidson | Court of Appeals | |
Drew David Kirkman v. State of Tennessee
The petitioner, Drew David Kirkman, appeals the Bradley County Criminal Court’s denial of his petition for post-conviction relief. The petitioner stands convicted of two counts of first degree murder and one count of aggravated robbery and is currently serving an effective sentence of life in prison plus twenty years. On appeal, the petitioner contends that the postconviction court erred in denying him relief because he was deprived of his right to the effective assistance of counsel. Specifically, he contends that trial counsel was ineffective by: (1) failing to adequately prepare for trial and communicate with the petitioner; (2) arguing the motion to suppress on the day before trial which precluded proper review by the trial court; (3) failing to strike two jurors from the panel; and (4) failing to perfect and present a mental defense. Following review of the record, we find no error and affirm the denial of the petition. |
Bradley | Court of Criminal Appeals | |
Author Ray Turner v. David Mills, Warden
The State appeals the Morgan County Criminal Court’s order granting habeas corpus relief to the Petitioner, Author Ray Turner, and allowing him to withdraw his guilty pleas. The State argues that the Petitioner is not entitled to withdraw his guilty pleas because the thirty percent release eligibility for his two aggravated rape convictions was not a material element of his plea agreement. Upon review, we affirm the habeas corpus court’s judgment allowing the Petitioner to withdraw his guilty pleas if he cannot reach an agreement with the State and remanding the case to the Davidson County Criminal Court for further proceedings. |
Morgan | Court of Criminal Appeals | |
Author Ray Turner v. David Mills, Warden - Concurring
I concur with the majority opinion. As indicated in the opinion, I have criticized Summers v. Fortner, 267 S.W.3d 1 (Tenn. Crim. App. 2008), for its holding that a habeas court, not the convicting court, is to determine from the existing record if a petitioner subjected to an illegal sentence should be allowed to withdraw a guilty plea. I believe it misinterprets Smith v. Lewis, 202 S.W.3d 124 (Tenn. 2006). In Smith, a habeas corpus case, after the court concluded that an illegal sentence had been imposed, it determined from the guilty plea record that the plea to the relevant charge was not material to the “bargained-for” agreement and resulting effective sentence and held that the petitioner was not entitled to withdraw that guilty plea. Id. at 130. It distinguished the case from one in which the illegal sentence materially resulted from a plea agreement. See Henderson v. State ex rel. Lance, 419 S.W.2d 176, 178-79 (Tenn. 1967) (holding that defendant was entitled to withdraw guilty plea upon habeas corpus proceedings where he pled guilty in exchange for an illegal sentence). |
Morgan | Court of Criminal Appeals | |
Nigel Marlin Reid, Sr. v. State of Tennessee
The petitioner, Nigel Marlin Reid, Sr., filed in the Hamblen County Criminal Court various motions, including a motion to reopen, which the court treated as a petition for post-conviction relief. The post-conviction court dismissed the petition, and the petitioner appeals. The State filed a motion requesting that this court affirm the post-conviction court’s denial of relief pursuant to Rule 20, Rules of the Court of Criminal Appeals. Upon review of the record and the parties’ briefs, we conclude that the post-conviction court properly dismissed the petition. Accordingly, the State’s motion is granted, and the judgment of the post-conviction court is affirmed. |
Hamblen | Court of Criminal Appeals | |
In Re: Maria B.S. and Anna J.S.
Father appeals from an order terminating his parental rights, claiming that the order failed to make sufficient findings regarding grounds for termination. We reverse in part, vacate and remand for the preparation of an order that contains the requisite findings of fact and conclusions of law. |
Knox | Court of Appeals |