State of Tennessee v. Alan Dale Bobyarchick
Following a bench trial, the Defendant, Alan Dale Bobyarchick, was convicted of violating an order of protection, a Class A misdemeanor. See Tenn. Code Ann. § 39-13-113(g). In this direct appeal, he contends that, in the Order of Protection, the circuit court did not make any specific findings of fact that he committed domestic abuse, sexual assault, or stalking, and, therefore, he could not be convicted of violating the Order of Protection pursuant to Tennessee Code Annotated section 39-13-113(f)(3). After our review, we affirm the judgment of the trial court. |
Hamilton | Court of Criminal Appeals | |
Marriott Applewhite v. James Blanchard, Jr.
The trial court awarded a directed verdict to the Defendant in this tort action arising out of an automobile accident. We reverse and remand for further proceedings. |
Shelby | Court of Appeals | |
Keith L. Jackson v. State of Tennessee
A Davidson County jury convicted Petitioner, Keith L. Jackson, of one count of possession with the intent to sell twenty-six grams or more of a substance containing cocaine in a drugfree school zone and one count of possession of a firearm with the intent to employ it in the commission of or escape from an offense. He was sentenced to an effective sentence of thirty-six years. Following an appeal to this Court, his conviction for possession of a firearm was reversed. Petitioner filed a petition for post-conviction relief which was unsuccessful. His subsequent petition for writ of habeas corpus was also unsuccessful. Petitioner has filed a second petition for writ of habeas corpus which was summarily dismissed by the habeas corpus court. Petitioner appeals the dismissal of his petition in this appeal. He argues that his sentence requiring a 100% release eligibility is unconstitutional and is contrary to the Sentencing Reform Act of 1989. After a thorough review of the record, we affirm the dismissal of the petition because these issues were determined by this Court in Petitioner’s prior appeal from the dismissal of his earlier petition for writ of habeas corpus. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Brian Mark Driggers
A Marshall County jury convicted the Defendant, Brian Mark Driggers, of forgery and misdemeanor theft, and the trial court sentenced him to one year and three months to be served in the Tennessee Department of Correction. On appeal, the Defendant contends that the evidence is insufficient to support his convictions, that the State failed to prove venue, and that the trial court erred when it denied the Defendant an alternative sentence. After a thorough review of the record and the applicable law, we affirm the trial court’s judgments. |
Marshall | Court of Criminal Appeals | |
State of Tennessee v. Charles Phillip Maxwell
Following a bench trial, the Defendant, Charles Phillip Maxwell, was convicted of driving on a suspended license, a Class B misdemeanor. The trial court revoked the Defendant’s license for a year and sentenced the Defendant to 30 days in the county jail, suspended to probation following the service of 24 hours in the county jail. In this appeal as of right, the Defendant contends that the evidence was insufficient to sustain his conviction. Following our review, we affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
Christopher Kyle v. State of Tennessee
Following his convictions for second degree murder and theft, the Petitioner, Christopher Kyle, filed a petition for post-conviction relief, alleging that his trial and appellate counsel were ineffective, specifically in failing to challenge the accuracy of the autopsy report and the sentencing procedure employed by the trial court. After a hearing, the post-conviction court denied the petition, and the Petitioner now appeals. Upon review, we affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
Calvin Owens v. State of Tennessee
The Petitioner, Calvin Owens, appeals from the Shelby County Criminal Court’s denial of post-conviction relief from his convictions for one count of attempted second degree murder, one count of attempted especially aggravated robbery, and two counts of aggravated robbery. On appeal, the Petitioner argues that trial counsel was ineffective in failing to communicate with him, in failing to properly investigate his case, in withdrawing the suppression motion regarding the photo spread identification, in questioning the victim regarding the bad dreams he had while recovering from his injuries in the hospital, and in failing to advise him about the advantages and disadvantages of testifying at trial. In addition, the Petitioner argues that appellate counsel was ineffective in failing to appeal a hearsay issue that was included in the motion for new trial. Upon review, we affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
David L. Morrow and Judy M. Wright v. Suntrust Bank, et al.
Appellants filed a complaint for declaratory judgment seeking to be named the sole heirs to trust residue. However, the Attorney General moved for summary judgment, claiming that a later trust document provided for a full disposition of the trust assets, and therefore, that no assets remained to which Appellants could be entitled. The trial court granted summary judgment, finding that the intent to leave no residue stated in the later document superseded the prior edition. On appeal, Appellants argue that intent is irrelevant without a determination of the legal efficacy of the trust documents, and that the trial court lacked subject matter jurisdiction to render an advisory opinion. We find that the trial court properly exercised subject matter jurisdiction in adjudicating the declaratory judgment. Additionally, we affirm the trial court’s denial of attorney fees and costs to SunTrust incurred at trial, and we decline to award SunTrust its attorney fees and costs incurred on appeal. |
Shelby | Court of Appeals | |
Depot Property, LLC and Terry Cox v. Town of Arlington, Tennessee
This is a zoning case. The homeowner purchased a house in an area zoned as single-family residential and applied to have the property rezoned for office use. The application was considered by the town legislative body. Some members of the legislative body recused themselves. A majority of the members present voted in favor of the rezoning application, but it did not receive a majority of the entire membership of the legislative body, including the members who recused themselves. Pursuant to T.C.A. § 13-7-204, the rezoning application was deemed to have failed. The homeowner then filed a petition for a common law writ of certiorari, asking that the trial court deem the rezoning application approved based on the favorable vote of the majority of the members who participated in the consideration of his rezoning application. The trial court granted the writ, deemed the rezoning application approved, and modified the legislative body’s decision to grant the homeowner’s application. The town appeals. We reverse, finding, inter alia, that an affirmative vote by a majority of the entire membership of the town legislative body was required for adoption of the rezoning application. |
Shelby | Court of Appeals | |
Donna Rowland v. Rishi K. Saxena, M.D.
State representative appeals dismissal of her suit to recover attorney fees incurred as a result of her former opponent’s contest of the election. The trial court held that the Tennessee Constitution and statutes governing election contests vest exclusive jurisdiction to decide contests for the office of state representative, and that, consequently, the court was without jurisdiction to determine the issue of costs and fees awardable under the statute. We hold that the chancery court correctly determined that it was without jurisdiction to decide issues arising under § 2-17-115. |
Rutherford | Court of Appeals | |
Markina Westmoreland et al. v. William L. Bacon, M.D. et al.
Plaintiffs appeal the summary dismissal of their medical malpractice claims against three physicians, an orthopedic surgeon, and two hematologists. In December 2004, Plaintiffs’ mother, who suffered from several medical conditions, underwent a total hip replacement and remained in the hospital under the care of several doctors for ten days. Nine days after surgery, her condition dramatically declined; she died the following day from a severe diffuse pulmonary and gastrointestinal hemorrhage. Plaintiffs filed suit alleging the physicians breached the standard of care for their respective specialties in the care of their mother. Each defendant filed a motion for summary judgment and each motion was supported by the affidavit of the defendant as an expert witness. Plaintiffs submitted an affidavit of their expert witness in response. The trial court ruled that Plaintiffs’ only expert was not a qualified witness under Tenn. Code Ann. § 29-26-115 and granted summary judgment to all three defendants. On appeal, Plaintiffs claim the trial court abused its discretion in finding that their expert witness was not qualified to testify. We affirm the trial court’s ruling that Plaintiffs’ expert was not qualified to testify under Tenn. Code Ann. § 29-26-115 and the summary dismissal of Plaintiffs’ claims. |
Davidson | Court of Appeals | |
Markina Westmoreland et al. v. William L. Bacon, M.D. et al. - Dissenting
I respectfully dissent from the holding that Dr. Sobel was not competent to opine as to whether one or more of the defendants deviated from the standard of care. |
Davidson | Court of Appeals | |
Ronald P. Boaz v. Rozanne Jackson, et al.
The plaintiff claimed that in 1997 he entered into a verbal partnership agreement with the defendant to open and operate the antique store that the plaintiff managed for the next twelve years. He further claimed that the defendant withheld profits and other benefits of the partnership from him, in violation of their agreement. The plaintiff accordingly asked the trial court to dissolve the partnership and to award him his share of the partnership assets. The defendant filed a Rule 12.02(6) motion to dismiss the plaintiff’s complaint for failure to state a claim. She denied that she had ever been in any sort of partnership relationship with the plaintiff and claimed, instead, that he was a salaried managerial employee-at-will of her solely-owned corporation. The trial court granted the defendant’s motion. The allegations in the complaint, which we must take as true, state a claim for relief. Additionally, material extraneous to the complaint was submitted and presumably considered by the trial court, requiring that the motion be treated as one for summary judgment. Disputes of material fact exist in the filings, precluding the grant of summary judgment. |
Davidson | Court of Appeals | |
In the Matter of: Lillian M, DOB 08/08/06, a minor child under the age of Eighteen (18) years old, State of Tennessee, Department of Children's Services, v. TM and CM
In this action, the Trial Court ordered the Department of Children's Services which had custody of the minor child, to furnish the parents with medical information, including video tapes. A written response was not made by the Department and the video tapes were not obtained and furnished to the parents. The Trial Court held the Department in willful contempt of the Court and entered sanctions as punishment. The Department has appealed. We hold that the record does not establish a basis to hold the Department in willful contempt of Court and we reverse the Trial Court's contempt judgment. |
Hawkins | Court of Appeals | |
Kay Sauer v. Donald D. Launius dba Alpha Log Cabins
Kay Sauer (“the Plaintiff”) sued Donald D. Launius (“the Defendant”) on a civil warrant in general sessions court alleging, among other things, that the Defendant did business as Alpha Log Cabins. The Defendant appealed an adverse judgment in general sessions to the trial court. In the trial court, the Defendant, by counsel, filed a motion to dismiss, asserting that the Plaintiff had sued the wrong party as the contract upon which she had sued was with Alpha Log Cabin Sales and Rentals, Inc. (“the Agent”). The case was set for hearing on April 13, 2009. In the meantime, between the filing of the motion to dismiss and the hearing date, the Defendant’s attorney withdrew. The Defendant failed to appear on the hearing date, and the court entered judgment in the Plaintiff’s favor. The Defendant filed a motion to set aside pursuant to Tenn. R. Civ. P. 60.02 supported by his affidavit in which he stated that he did not receive notice of the hearing date. The trial court denied the motion to set aside. The Defendant appeals. We remand the case to the trial court with instructions to enter an order vacating the court’s judgment. |
Sevier | Court of Appeals | |
Robert E. Davis et al. v. Crawford L. Wiliams et al.
Robert E. Davis and wife, Angela K. Davis (“the Buyers”), filed this action against Crawford L. Williams and wife, Betty Jo Williams (“the Sellers”), to enjoin them from taking possession of real property that the Sellers had sold the Buyers and re-acquired through foreclosure. The Buyers also sought to set aside the foreclosure sale. The Sellers moved to dismiss and then for summary judgment on the ground that a final judgment against the Buyers in an unlawful detainer action in general sessions court barred the present action under principles of res judicata and collateral estoppel. The trial court granted summary judgment in favor of the Sellers. The Buyers appeal. We affirm. |
Loudon | Court of Appeals | |
Tina J. Parks v. Mid-Atlantic Finance Company, Inc.
Tina J. Parks (“the Buyer”) purchased an automobile on an installment payment plan and signed a “Retail Installment Contract and Security Agreement” (“the Installment Contract”) pledging the vehicle as collateral to the seller-lender, Chris Yousif dba Quality Motors (“the Seller”). Mid-Atlantic Finance Company, Inc. purchased the Seller’s rights in the Installment Contract. Mid-Atlantic later informed the Seller when the Buyer fell behind on her payments. The Seller repossessed the vehicle. Mid-Atlantic sold its rights under the Installment Contract to the Seller. The Buyer then filed this action against the Seller and Mid-Atlantic on various theories. The trial court granted Mid-Atlantic summary judgment and dismissed the Buyer’s claim against the company, finding that, as the purchaser of the Installment Contract, it had no duty to the Buyer. The Buyer appeals. We affirm. |
Knox | Court of Appeals | |
State of Tennessee v. Kenneth Wendland
The defendant, Kenneth Wendland, entered a plea of guilty to aggravated sexual exploitation of a minor, a Class B felony, and criminal simulation, a Class E felony, but reserved a certified question of law pursuant to Rule 37. He received sentences of eight years for the Class B felony and one year for the Class E felony. The question reserved for review is whether the searches of the defendant’s home and computers were illegal under both the United States and Tennessee constitutions. After careful consideration, we conclude that the searches at issue were legal. Police were properly admitted into Mr. Wendland’s house with the consent of his roommate. While properly in the home, the officers legally seized evidence of counterfeiting, pursuant to the plain view doctrine. Specifically, the officers had legal authority to seize certain computers, computer equipment, and other items as evidence because they had probable cause to believe that these items were involved in the production of counterfeit money. After these items were lawfully seized, the computers were properly searched pursuant to valid search warrants. Consequently, we affirm the judgments of the trial court. |
Rutherford | Court of Criminal Appeals | |
State of Tennessee v. Billy D. Sizemore
The Perry County Grand Jury indicted Appellant, Billy D. Sizemore, for one count of theft over $1,000 in connection with the theft of rolls of wire fencing from Eugene Grinder. A jury convicted Appellant as charged, and the trial court sentenced Appellant to twelve yearsas a career offender. On appeal, Appellant argues that the evidence is insufficient to support his conviction because there was insufficient corroboration of his co-defendant’s testimony. After a thorough review of the record, we conclude that there was sufficient corroborating evidence and, therefore, the evidence was sufficient to support his conviction. The judgment of the trial court is affirmed. |
Perry | Court of Criminal Appeals | |
Mariam Fada Dirie v. State of Tennessee
The petitioner, Mariam Fada Dirie, pleaded guilty to two counts of aggravated child abuse by neglect, a Class A felony, and received concurrent sentences of 17 years’ incarceration. A timely filed petition for post-conviction relief followed wherein the petitioner alleged that her guilty pleas were involuntary due to the ineffective assistance of counsel. Following the appointment of counsel, amendment of the petition, and an evidentiary hearing, the postconviction court denied relief. On appeal, the petitioner contends that the post-conviction court erred by denying relief. Discerning no error, we affirm the judgment of the postconviction court. |
Davidson | Court of Criminal Appeals | |
Willie Dockins v. State of Tennessee
A jury convicted the petitioner, Willie Dockins, of first degree murder. The trial court sentenced him to life imprisonment with the possibility of parole. On direct appeal, this court upheld the conviction and sentence. The petitioner filed a pro se petition for post-conviction relief and two amended petitions for post-conviction relief alleging ineffective assistance of counsel at trial and on direct appeal. 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 | |
James E. Lofton v. State of Tennessee
The petitioner, James E. Lofton, appeals the Lauderdale County Circuit Court’s dismissal of his petition for writ of habeas corpus. Following our review, we affirm the summary dismissal of the petition. |
Lauderdale | Court of Criminal Appeals | |
Wyatt Johnson v. Venture Express, Inc. et al.
The employee filed a workers’ compensation claim against the employer for injuries sustained in a trucking accident. The trial court ruled that the employee was permanently and totally disabled as a result of the accident and entitled to full benefits. The employer appealed, alleging that the trial court erred in finding the employee permanently and totally disabled. The appeal was referred to the Special Workers’ Compensation Appeals Panel pursuant to Tennessee Code Annotated section 50-6-225(e)(3) and Tennessee Supreme Court Rule 51. Because the evidence does not preponderate against the findings of fact made by the trial court, the judgment is affirmed. |
Knox | Workers Compensation Panel | |
Tobias Johnson v. State of Tennessee
On May 25, 2007, the petitioner, Tobias Johnson, pled guilty to first degree murder in the perpetration of a felony; two counts of rape, Class B felonies; and incest, a Class C felony. He received a negotiated sentence of life in the Tennessee Department of Correction, with the possibility of parole, for the first degree murder conviction. As a Range I, standard offender, he received eight years for each of the rape convictions and three years for the incest conviction, all sentences to be served concurrently with his life sentence. The petitioner filed a petition for post-conviction relief, which the post-conviction court denied. On appeal, the petitioner argues that trial counsel provided ineffective assistance when they (1) did not timely litigate an issue regarding the state’s loss of the audio tape of the petitioner’s August 27, 2003, interrogation; (2) failed to allege in a motion to suppress that the state violated the petitioner’s right to remain silent; and (3) misadvised the petitioner regarding his release eligibility. The petitioner further argues that he did not enter his guilty plea knowingly, intelligently, and voluntarily. Following our review, we affirm the denial of post-conviction relief. |
Shelby | Court of Criminal Appeals | |
Vincent Sims v. State of Tennessee
The capital petitioner, Vincent Sims, appeals as of right from the October 1, 2008 order of the Shelby County Criminal Court denying his initial and amended petitions for post-conviction relief. On appeal, the petitioner claims that the trial court erred in denying relief because: (1) trial counsel was ineffective; (2) appellate counsel was ineffective; and (3) the imposition of the death penalty in this case was unconstitutional. After a careful and laborious review of the record, we conclude that there is no error requiring reversal. Accordingly, we affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals |