Joshua Cooper, et al. v. Logistics Insight Corp., et al.
This appeal arises out of a personal injury lawsuit, wherein plaintiff filed suit for injuries suffered in the course of his employment. Plaintiff's employer was allowed to intervene to assert a subrogation lien to recover workers’ compensation benefits paid to plaintiff. Plaintiff settled his claim against the defendants, and an order of voluntary dismissal was entered. The intervenors moved to set the case for trial, asserting that the settlement between plaintiffs and defendants was negotiated without the consent of the intervenors and did not take into account plaintiff’s future medical expenses, for which intervenors would be responsible. The trial court granted the intervenors’ motion to set the case for trial, but subsequently dismissed the intervening petition, finding that the settlement resolved all claims against the defendants and that the intervening petition failed to state a claim upon which relief could be granted. Finding that dismissal of the intervening petition was error, the judgment of the trial court is reversed and the case remanded. |
Rutherford | Court of Appeals | |
Jean Garman v. Guy Garman
This is a divorce case. Wife appeals the trial court’s order concerning: (1) the valuation of Husband’s medical practice; (2) the division of certain marital debt; and (3) the award of transitional alimony, rather than alimony in futuro, and the amount thereof. Discerning no error, we affirm. |
Blount | Court of Appeals | |
City of Memphis v. Clifton Cattron, Jr., and Civil Service Commission
This is an appeal from the decision of the City of Memphis Civil Service Commission reversing the decision to terminate Clifton Cattron’s employment with the City of Memphis. After a thorough review of the record, we affirm the Civil Service Commission’s decision that the City of Memphis lacked a reasonable basis for terminating Mr. Cattron’s employment. |
Shelby | Court of Appeals | |
Randall C. Hagy v. State of Tennessee, et al.
A show cause order was entered in this case on January 31, 2011, directing the pro se appellant to show cause why this appeal should not be dismissed for lack of jurisdiction based upon the untimely filing of the notice of appeal. The appellant has failed to respond to the show cause order. The record supports that the notice of appeal was filed untimely. Accordingly, we dismiss the appeal. |
Sullivan | Court of Appeals | |
Greg Lance v. Randall York, District Attorney General, 13th Judicial District
This is an appeal from the trial court’s order dismissing Appellant’s petition for access to public records under Tennessee Code Annotated Section 10-7-505. The trial court dismissed the petition upon its finding that: (1) the Appellee records custodian responded to Appellant’s records request; (2) the fee charged to Appellant was reasonable and in compliance with those set by the open records counsel; and (3) Appellant had, in fact, received the records that he requested. Discerning no error, we affirm. |
Putnam | Court of Appeals | |
In Re Shaolin P. et al.
The juvenile court terminated Father’s parental rights on the grounds of abandonment by willful failure to provide support and substantial noncompliance with the permanency plans. Because we have concluded that the Department of Children’s Services failed to establish, by clear and convincing evidence, that Father’s failure to pay support was willful or that the Department’s efforts to help Father find housing were reasonable, we reverse the juvenile court’s decision. |
Rutherford | Court of Appeals | |
Marshall H. Murdock, v. State of Tennessee, et al.
Petitioner brought this action styled: "Petition for Declaratory Judgment", naming the Tennessee Department of Corrections and the Tennessee Board of Paroles as defendants. The Trial Judge, responding to a Motion to Dismiss, dismissed the Department of Corrections on the grounds that it was not a proper party to challenge a parole board decision. The Trial Court then treated the Petition as a common law writ of certiorari, and held that the writ was not timely filed. Petitioner has appealed to this Court and we affirm the Judgment of the Trial Court. |
Davidson | Court of Appeals | |
State of Tennessee v. John D. Barnhart
Appellant, John D. Barnhart, was indicted by the Robertson County Grand Jury for aggravated assault and violation of the Sexual Offender Registration Act. Appellant pled guilty. In conjunction with the guilty plea, Appellant received a two-year sentence as a Range II, multiple offender for the conviction for violation of the Sexual Offender Registration Act and a six-year sentence for the aggravated assault conviction. The manner of service of the sentence was left to the trial court. After a sentencing hearing, the trial court sentenced Appellant to serve his sentence in incarceration and ordered the sentences to run consecutively. On appeal, Appellant contends that the trial court erred in denying an alternative sentence and in ordering the sentences to run consecutively. We affirm the judgments of the trial court. |
Robertson | Court of Criminal Appeals | |
Gerardo Gomez v. State of Tennessee
The Petitioner, Gerardo Gomez, appeals as of right from the Knox County Criminal Court’s summary denial of his petition for post-conviction relief. In 1997, the Petitioner pled guilty to possession with intent to sell not less than 10 pounds nor more than 70 pounds of marijuana, a Class D felony, and received a sentence of 24 months, suspended to probation. As a result of his conviction, the Petitioner, who had been granted legal permanent residency status in 1990, was removed from the United States. The Petitioner then illegally re-entered the United States and was arrested. The Petitioner filed a petition for post-conviction relief, alleging that his trial counsel was ineffective for failing to advise him of the deportation consequences of pleading guilty. The post-conviction court summarily dismissed the petition, concluding that the petition was untimely. On appeal, the Petitioner contends that his claim is based on a constitutional right that did not exist at the time he pled guilty and that he is entitled to post-conviction relief from this court. Following our review, we affirm the judgment of the post-conviction court. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Gary Thomas Reed
Following a jury trial, the Defendant, Gary Thomas Reed, was convicted of initiating the process of manufacturing methamphetamine, a Class B felony. The Defendant was sentenced as a Range II, multiple offender to 16 years in the Tennessee Department of Correction. In this appeal as of right, the Defendant contends (1) that the evidence was insufficient to sustain his conviction; (2) that the trial court erred in permitting expert testimony; (3) that the trial court erred in permitting lay opinion testimony; (4) that the trial court erred in permitting testimony from a witness who had not been disclosed to defense counsel; (5) that the trial court erred by failing to permit testimony from a potential defense witness; (6) that the trial court erred in denying the motion for new trial; and (7) that the trial court erred in sentencing the Defendant. Following our review, we affirm the conviction and sentence but remand the case for the entry of a corrected judgment consistent with this opinion. |
Cumberland | Court of Criminal Appeals | |
In Re: Bryce L.H. and Alexis D.H.
In this action to terminate the parental rights of the mother to the two minor children, the Trial Court, after hearing evidence, held that the statutory grounds for termination of the mother's parental rights were established by clear and convincing evidence, and that it was in the best interest of the children that the mother's parental rights be terminated. The mother appealed and on appeal we affirm the Judgment of the Trial Court and remand. |
Johnson | Court of Appeals | |
James Johnson, Jr. v. State of Tennessee
Petitioner, James Johnson, Jr., was convicted by a Shelby County Jury for one count of second degree murder, and the trial court sentenced Petitioner to twenty-three years. State v. James Johnson, No. W2003-02009-CCA-R3-CD, 2004 WL 2378256, at *1 (Tenn. Crim. App., at Jackson, Oct. 20, 2004), perm. app. denied, (Tenn. Mar. 21, 2005). On appeal, this Court modified Petitioner’s sentence to twenty-one years based upon the fact that the trial court had misapplied certain enhancement factors during sentencing. Id. at *14. On March 27, 2006, Petitioner subsequently filed a petition for post-conviction relief arguing that he received ineffective assistance of counsel. Following a hearing on the petition, the post-conviction court denied the petition. Petitioner appeals this decision. After a thorough review of the record, we conclude that Petitioner has not shown that trial counsel’s representation was ineffective. Therefore, we affirm the denial of the petition for post-conviction relief. |
Shelby | Court of Criminal Appeals | |
Kevin McFerren v. State of Tennessee
The Petitioner, Kevin McFerren, appeals the Criminal Court of Shelby County’s dismissal of his pro se petition for post-conviction relief and petition for writ of habeas corpus. The State has filed a motion requesting that this Court affirm the trial court’s dismissal pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. Following our review, we grant the State’s motion and affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
Harold B. Schaffer v. Tennessee Department of Correction, et al.
Appellant was found guilty of a disciplinary offense while in the custody of the Tennessee Department of Correction. The chancery court granted Appellant’s petition for writ of certiorari, and, finding no entitlement to relief based upon the administrative record, it dismissed the petition. Appellant appeals, and we affirm. |
Hickman | Court of Appeals | |
Tony Williams, et al. v. Tennessee Farmers Life Reassurance Company, et al.
Defendant insurance company denied benefits under policy of life insurance, alleging the decedent made material misrepresentations in her application for insurance. The trial court found the decedent did not make misrepresentations on her application, and entered judgment in favor of Plaintiffs. Defendant insurance company appeals. We dismiss the appeal for lack of a final judgment. |
Giles | Court of Appeals | |
Creative Label, Inc. v. David Tuck, Weakley County Assessor of Property, et al.
The trial court affirmed the determination of the State Board of Equalization that taxpayer’s leasehold interest in tax-exempt property belonging to an Industrial Development Board was not exempt from ad valorem taxation where the parties had executed a payment in lieu of taxes agreement under Tennessee Code Annotated § 7-53-305 as it existed during the relevant tax period. We affirm. |
Madison | Court of Appeals | |
CNX Gas Company, LLC v. Miller Petroleum, Inc., et al.
This appeal involves a business transaction for the assignment of oil and gas leases. The parties are sophisticated in the oil and gas industry and include CNX Gas Company, LLC (“CNX”), Miller Petroleum, Inc. (“Miller”), Atlas America, LLC (“Atlas”), and Wind City Oil & Gas, LLC (“Wind City”). CNX and Miller entered into a binding Letter of Intent (“LOI”) for the assignment of oil and gas leases owned by Miller. Prior to signing the LOI, CNX knew that the leases were the subject of pending litigation between Miller and Wind City. The letter of intent outlined the details of the transaction and a closing date. On the closing date, Miller refused to close the transaction with CNX, claiming that it did not have possession of the leases. Approximately one week later, Miller entered into a similar deal for the assignment of those leases with Atlas. The transaction between Miller and Atlas was worth substantially more than the transaction with CNX. Thereafter, CNX sued Miller for breach of contract; CNX also sued Atlas and Wind City for inducement to breach a contract. Miller and Atlas filed motions for summary judgment following discovery that involved depositions. After a hearing, the trial court granted summary judgment finding that the LOI permitted Miller to opt out of the closing. CNX appeals. After reviewing the record, we find the trial court erred in granting summary judgment. The LOI only provided CNX with the option to opt out of the transaction. Accordingly, we reverse. |
Campbell | Court of Appeals | |
John Hughes, Jr. v. The City of Memphis, et al.
An MPD patrolman appealed his “separation” from employment to the Civil Service Commission. The Commission found the separation was “administrative” in nature, and, therefore, that it lacked jurisdiction to consider the appeal. The chancery court denied the patrolman’s petition to reverse and/or modify the Commission’s decision, and we affirm. |
Shelby | Court of Appeals | |
James Eric Crain v. CRST Van Expedited, Inc.
This case stems from an employment contract dispute. James Eric Crain (“Crain”) was terminated by his employer, CRST Van Expedited, Inc. (“CRST”). CRST demanded payment from Crain pursuant to a clause in his employment contract. Crain filed suit in the Knox County Chancery Court (the “Trial Court”), seeking, among other things, injunctive relief. CRST filed an answer and counterclaim in the Trial Court seeking damages, among other things. CRST also filed a lawsuit, based on the same facts and issues, against Crain in Iowa. CRST prevailed in the Iowa lawsuit before the suit in Tennessee went to judgment. CRST filed a motion for summary judgment in the Trial Court, which was granted. Crain appeals, raising a number of issues. We hold that the Trial Court did not err in granting CRST’s motion for summary judgment relying on the doctrine of res judicata. We further hold that the Trial Court did not err in finding that CRST also was entitled to judgment as a matter of law pursuant to the Uniform Enforcement of Foreign Judgments Act. We affirm. |
Knox | Court of Appeals | |
State of Tennessee v. Wayne C. Burkhart, Jr.
A Claiborne County Criminal Court jury convicted the defendant, Wayne C. Burkhart, Jr., of three counts of aggravated child abuse, 11 counts of rape, and 11 counts of incest, and the trial court imposed a total effective sentence of 50 years’ incarceration. In this appeal, the defendant challenges the sufficiency of the convicting evidence, the trial court’s denial of his motion for a mistrial, and the propriety of consecutive sentencing. Discerning no error, we affirm the judgments of the trial court. |
Claiborne | Court of Criminal Appeals | |
State of Tennessee v. Bobby Jackson
A Shelby County jury convicted the defendant, Bobby Jackson, of first degree murder in the perpetration of a robbery and especially aggravated robbery, a Class A felony. The trial court sentenced him to life imprisonment for the first degree murder conviction and to twenty years for the especially aggravated robbery conviction, to be served concurrently in the Tennessee Department of Correction. On appeal, the defendant argues that the evidence was insufficient to sustain his convictions, that the trial court erred by admitting into evidence the videotaped preliminary hearing testimony of an allegedly unavailable witness, that the trial court erred by allowing the jury to view the videotaped testimony in the jury room during deliberations, and that the trial court erred by admitting into evidence a letter purportedly written by the defendant. Following our review, we affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals | |
Justin Mathis v. State of Tennessee
A jury convicted the petitioner, Justin Mathis, of first degree murder. The trial court sentenced him to life imprisonment. On direct appeal, this court upheld the petitioner’s conviction and sentence. The petitioner filed a petition for post-conviction alleging ineffective assistance of counsel. The post-conviction court denied relief, and the petitioner now appeals. Following a review of the parties’ briefs, the record, and applicable law, we affirm the denial of post-conviction relief. |
Shelby | Court of Criminal Appeals | |
Cheryl Ann Gunn v. Nicholas Graham Gunn
In this post-divorce proceeding, the mother appeals the trial court’s calculation of the father’s child support obligation. The trial court found that residential lease and car lease payments paid by father’s employer should be excluded from the calculation of father’s income for child support purposes. Finding that the trial court erred in excluding the payments from the calculation of the father’s income, the judgment is vacated in part and the case remanded for reconsideration of the father’s support obligation. |
Williamson | Court of Appeals | |
Ashad R. A. Muhammad Ali v. State of Tennessee
This matter is before the Court upon the State’s motion to affirm the judgment of the habeas corpus court by memorandum opinion pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. Petitioner has appealed the habeas corpus court’s order summarily dismissing the petition for writ of habeas corpus. Upon a review of the record in this case, we are persuaded that the habeas corpus court was correct in summarily dismissing the habeas corpus petition and that this case meets the criteria for affirmance pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. Accordingly, the State’s motion is granted and the judgment of the habeas corpus court is affirmed. |
Lincoln | Court of Criminal Appeals | |
State of Tennessee v. Marcus D. Bell
The defendant, Marcus D. Bell, was convicted by a Montgomery County Circuit Court jury of two counts of possession of a firearm by a person previously convicted of a felony drug offense, a Class E felony, and was sentenced to concurrent terms of four years as a Range II offender, to be served consecutively to the defendant’s prior sentences in the Department of Correction. On appeal, he argues that the evidence was insufficient to sustain his convictions. After review, we affirm the judgments of the trial court. |
Montgomery | Court of Criminal Appeals |