Evelyn Nye v. Bayer Cropscience, Inc., et al. - Concurring/Dissenting
I concur in the majority’s conclusion that the learned intermediary doctrine is not applicable to the facts of this case. I disagree, however, that Pittsburgh Corning Corporation (“Pittsburgh Corning”) and Owens Corning Corporation (“Owens Corning”) were unavailable for service of process and that North Brothers, Inc. (“North Brothers”) therefore is subject to suit in strict liability pursuant to Tennessee Code Annotated section 29-28-106 (2000). |
Hamilton | Supreme Court | |
Andre Wilks v. Maxine Wilks
This is an appeal of a divorce matter. We dismiss this appeal for Appellant's failure to appeal a final judgment. |
Shelby | Court of Appeals | |
In Re: Aiden R. B., et al.
Amy B. (“Mother”) is the biological mother of the minor children, Aiden R. B. and Evan M. B. (“the Children”). The State of Tennessee Department of Children’s Services (“DCS”) filed a petition to terminate Mother’s parental rights to the Children. Following a trial, the Juvenile Court for Sevier County (“the Trial Court”) found and held, inter alia, that clear and convincing evidence existed to terminate Mother’s parental rights to the Children on four grounds under Tenn. Code Ann. § 36-1-113(g)(1), (2), and (3) and that termination was in the Children’s best interest. Mother appeals the termination of her parental rights. We affirm. |
Sevier | Court of Appeals | |
O’Rane M. Cornish, Sr. v. The Home Depot, Inc.
The trial court awarded summary judgment to Defendant in this malicious prosecution action. We affirm. |
Shelby | Court of Appeals | |
Carl Bost v. State of Tennessee
The petitioner, Carl Bost, pleaded guilty to possession with intent to sell cocaine, a Class C felony, and attempted aggravated burglary, a Class D felony, in exchange for a cumulative sentence of six years, to be served in the Tennessee Department of Correction as a Range I, standard offender. He filed for post-conviction relief, which was denied by the post-conviction court. On appeal, he argues that he entered his plea unknowingly, involuntarily, and unintelligently due to ineffective assistance of counsel. Following our review of the record, we affirm the judgment of the post-conviction court. |
Knox | Court of Criminal Appeals | |
Chad Rogers v. State of Tennessee
The petitioner, Chad Rogers, appeals the denial of his petition for post-conviction relief, arguing that his trial counsel provided ineffective assistance at the sentencing phase of his trial by not investigating and presenting evidence of his mental illness as a mitigating factor. Following our review, we affirm the denial of the petition. |
Warren | Court of Criminal Appeals | |
State of Tennessee v. Junior P. Samuel
A Davidson County Criminal Court Jury found the appellant, Junior P. Samuel, guilty of five counts of rape and one count of sexual battery by an authority figure. The trial court imposed a total effective sentence of thirty-two years in the Tennessee Department of Correction. On appeal, the appellant raises the following issues for review: (1) whether the trial court erred in denying the appellant’s motion for judgments of acquittal because of the State’s failure to establish venue; (2) whether the trial court erred in admitting a medical report containing statements the victim made to Phyllis Lynn Thompson in violation of the Confrontation Clause and the rule prohibiting hearsay statements; (3) whether the trial court erred in imposing consecutive sentencing; and (4) whether the cumulative errors at trial denied the appellant due process. Upon review, we affirm the judgments of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Randy K. Sanders
The defendant, Randy K. Sanders, entered a plea of guilty to driving under the influence, first offense, a Class A misdemeanor, on July 2, 2010. The trial court sentenced him to eleven months, twenty-nine days in the county jail and suspended all but 120 days of the sentence. On appeal, the defendant argues that the trial court relied on an inappropriate enhancement factor in determining the period of confinement. Following our review, we affirm the judgment of the trial court. |
Williamson | Court of Criminal Appeals | |
Thomas Edward Kotewa v. State of Tennessee
The petitioner, Thomas Edward Kotewa, appeals the trial court’s denial of his petition for writ of error coram nobis. Following our review of the record, the parties’ briefs, and applicable law, we affirm the judgment of the trial court. |
Anderson | Court of Criminal Appeals | |
State of Tennessee v. Phillip Lynn Dorse
Appellant, Phillip Lynn Dorse, was indicted by the Dyer County Grand Jury for two counts of aggravated assault in connection with a neighborhood altercation during which Appellant hit two individuals with a baseball bat. After a jury trial, Appellant was convicted of one count of aggravated assault and one count of assault. The trial court sentenced Appellant to an effective sentence of eight years as a Range II, multiple offender to be served consecutively to a previously imposed sentence. On appeal, Appellant argues that the evidence was insufficient to support his convictions and that the trial court erred in imposing consecutive sentences. After a thorough review of the record, we affirm the judgments of the trial court. |
Dyer | Court of Criminal Appeals | |
State of Tennessee v. Rodney McAlister
The defendant, Rodney McAlister, was convicted by a Lauderdale County jury of vandalism between $1000 and $10,000, a Class D felony. He was thereafter sentenced to a term of five years, as a multiple offender, in the Department of Correction. On appeal, the defendant challenges only the sufficiency of the evidence, asserting that the State failed to negate the defenses of duress and necessity. Following review of the record, we conclude that the evidence is sufficient and affirm the conviction. |
Lauderdale | Court of Criminal Appeals | |
Tony Hoover v. State of Tennessee
The petitioner, Tony Hoover, appeals the Shelby County Criminal Court’s denial of his petition for post-conviction relief. The petitioner entered open Alford pleas to two counts of rape and two counts of incest. Following a sentencing hearing, the trial court imposed an effective sentence of twenty-one years in the Department of Correction. On appeal, the petitioner contends that his pleas were not entered with an understanding of the nature and consequences of the pleas. He also contends that trial counsel provided ineffective assistance by failing to properly inform him of the terms and consequences of his guilty pleas and by advising him to waive his ex post facto rights and be sentenced pursuant to the 2005 amendments to the Sentencing Act. Following careful review of the record, we affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Walter Williams
The Shelby County Grand Jury indicted Appellant, Walter Williams, for one count of rape in connection with the rape of his thirteen-year-old daughter. A jury found Appellant guilty as charged. The trial court sentenced Appellant to eight years as a Range I, standard offender. Appellant appeals his conviction. He argues that: (1) the evidence was insufficient to support his conviction; (2) the trial court erred in allowing testimony of an expert witness; (3) the trial court erred in allowing certain questions during the jury voir dire; and (4) the trial court erred in failing to give the missing witness jury instruction. After a thorough review of the record, we conclude that Appellant’s argument must fail. Therefore, the judgment of the trial court is affirmed. |
Shelby | Court of Criminal Appeals | |
In Re: Jaiden C.W. and Caiden J.W., Children Under the Age of 18 Years (d.o.b. 7/27/2006)
This is a child support case. The juvenile court found, inter alia, the father owed a child support arrearage of $21,356.63. We affirm in part, vacate in part, and remand. |
Coffee | Court of Appeals | |
State of Tennessee v. Antonio F. Baker
The defendant, Antonio F. Baker, appeals from the trial court’s denial of his request to modify his sentence via Rule 35 of the Tennessee Rules of Criminal Procedure. Discerning no error, we affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
Daniel Clay Lewis v. Dana Holding Corporation
An employee sustained an injury to his shoulder at work. After a surgical repair, he briefly returned to work but was laid off prior to reaching maximum medical improvement. He filed a complaint in chancery court seeking workers’ compensation benefits from his employer. His treating physician assigned no impairment rating and placed no restrictions on his activities. An evaluating physician assigned 6% impairment to the body as a whole and recommended that Mr. Lewis avoid certain activities. The trial court awarded 36% permanent partial disability to the body as a whole. The employer has appealed, contending that the award is excessive. We modify the judgment to award 24% permanent partial disability to the employee. We also conclude that local Rule 17A of the Chancery Court of the 28th Judicial District of Tennessee conflicts with Tennessee Rule of Civil Procedure 58. |
Gibson | Workers Compensation Panel | |
State of Tennessee v. John Michael Whitlock
Following a jury trial, the Defendant, John Michael Whitlock, was convicted of two counts of sexual exploitation of a minor, a Class D felony. See Tenn. Code Ann. § 39-17-1003(d). In this direct appeal, the Defendant raises the following issues for our review: (1) The State presented insufficient evidence to sustain his convictions for sexual exploitation of a minor; (2) The trial court erred when it allowed the State to give a rebuttal closing argument when the Defendant waived opening statements and offered no proof; and (3) The trial court erred when it instructed the jury regarding the factors contained in United States v. Dost, 636 F. Supp. 828, 832 (S.D. Cal. 1986). Following our review, we conclude that the State did not present sufficient evidence to support the Defendant’s convictions for sexual exploitation of a minor and, therefore, we reverse the judgments of the trial court and dismiss the charges against the Defendant. |
Knox | Court of Criminal Appeals | |
Scott W. Grammar v. State of Tennessee
The petitioner, Scott W. Grammer, appeals the Hamilton County Criminal Court’s denial of his petition for post-conviction relief from his convictions for three counts of aggravated sexual battery and resulting effective twenty-two-year sentence. On appeal, the petitioner contends that he received the ineffective assistance of counsel. In addition, he argues that the State engaged in egregious, improper, and deceptive practices during the trial; that the post-conviction court should have amended his improperly enhanced sentences; and that the evidence is insufficient to support one of his convictions. Based upon the record and the parties’ briefs, we affirm the judgment of the post-conviction court. |
Hamilton | Court of Criminal Appeals | |
Tyler King v. State of Tennessee
The Petitioner, Tyler King, appeals as of right from the Dyer County Circuit Court’s denial of his petition for post-conviction relief. The Petitioner pled guilty to voluntary manslaughter, a Class C felony, and received an agreed sentence of 15 years in the Tennessee Department of Correction as a Range II, multiple offender. The Petitioner challenges the voluntariness of his guilty plea and the performance of trial counsel. Following our review, we affirm the judgment of the post-conviction court. |
Dyer | Court of Criminal Appeals | |
State of Tennessee v. Daniel H. Jones
The Sullivan County Grand Jury charged by presentment Appellant, Daniel H. Jones, with possession of .5 gram of cocaine with intent to sell. This charge was the result of the execution of a search warrant during which officers arrested five individuals and found containers holding rocks of crack cocaine and other drug paraphernalia. After a jury trial held on August 26, 28, and 29, 2008, Appellant was convicted as charged. The trial court sentenced Appellant to eleven years as a Range I, standard offender. On appeal, Appellant argues that the trial court erred in allowing testimony of a prior bad act of Appellant in contravention of Rule 404(b) of the Tennessee Rules of Evidence and that the evidence was insufficient to support his conviction. After a thorough review of the record, we conclude that the trial court did not abuse its discretion in admitting the evidence in question and that the evidence was sufficient to support Appellant’s conviction. Therefore, we affirm the judgment of the trial court. |
Sullivan | Court of Criminal Appeals | |
Brande Kirk, et al. v. Michael A. Chavin, M.D.
Brande Kirk and Amanda Jordan, as children of Barbara Jordan, (“Plaintiffs”) sued Michael A. Chavin, M.D. alleging medical malpractice in his treatment of Barbara Jordan. Dr. Chavin filed a motion for summary judgment. After a hearing, the Trial Court entered its order on August 30, 2010 finding and holding that Plaintiffs’ expert was not qualified to testify in accordance with Tenn. Code Ann. § 29-26-115, and granting Defendant’s motion for summary judgment. Plaintiffs appeal to this Court. We affirm. |
Hamblen | Court of Appeals | |
In the Matter of: the Conservatorship of: Mary Louise Sottong, Appellee, Geoffrey Sottong, Appellant
In this conservatorship estate, Geoffrey Sottong, son of Mary Louise Sottong, raises issues as to the ruling of the Trial Court regarding the conservator's administration of the conservatorship estate. Upon review, we conclude that the Trial Court's series of orders properly instructed the conservator on administering the estate, and affirm the Judgment of the Trial Court on these issues. |
Hamilton | Court of Appeals | |
State of Tennessee v. Leonard Eugene Myers
The Defendant, Leonard Eugene Myers, was convicted following a jury trial in the Hamilton County Criminal Court of reckless aggravated assault, a Class D felony; vehicular assault, a Class D felony; and driving under the influence (DUI), a Class A misdemeanor. See T.C.A. §§ 39-13-102(2)(A) (2006) (amended 2009, 2010), 39-13-106(a) (2010), 55-10-401 (2008) (amended 2010). The trial court merged the reckless aggravated assault and DUI convictions with the vehicular assault conviction and sentenced the Defendant to four years as a Range I offender. On appeal, the Defendant contends that (1) the evidence is insufficient to support his convictions; (2) the trial court erred in admitting blood analysis evidence because the chain of custody was not properly established; (3) the trial court erred in excluding evidence of the victim’s civil judgment against the Defendant; and (4) the trial court erred in sentencing the Defendant based upon enhancement factors that were not found beyond a reasonable doubt by the jury. We affirm the convictions, but we vacate the judgments and remand the case to the trial court for entry of one judgment reflecting that the reckless aggravated assault and DUI convictions are merged with the vehicular assault conviction. |
Hamilton | Court of Criminal Appeals | |
State of Tennessee v. Demetrius Nacoyea Dunn aka Nick Dunn
The Defendant-Appellant, Demetrius Nacoyea Dunn, was convicted by a Tipton County jury of aggravated robbery, a Class B felony, and burglary, a Class E felony. He was sentenced as a Range I, standard offender to eight years for aggravated robbery and one year for burglary. On appeal, Dunn claims: (1) his convictions were not supported 1 by sufficient evidence; and (2) the trial court erred by failing to issue a curative instruction following hearsay testimony. Upon review, we affirm the judgments of the trial court. |
Tipton | Court of Criminal Appeals | |
Dusty B. Haynes v. State of Tennessee
The petitioner, Dusty Haynes, appeals the order of the post-conviction that denied him postconviction relief from his guilty plea conviction for burglary but nonetheless granted him a delayed appeal of his sentence. The petitioner argues that the post-conviction court instead should have reversed his conviction and granted him a new trial. Following our review, we affirm the denial of post-conviction relief and reverse the granting of a delayed appeal. |
Dyer | Court of Criminal Appeals |