Tezozomoc Alcantar v. Dolgencorp, LLC
A shopper slipped and fell on a slippery liquid that was on a convenience store floor, resulting in injuries. The shopper sued the property owner. The property owner sought summary judgment, arguing the shopper had not provided sufficient evidence to establish how long the liquid had been on the floor prior to the slip and fall. The trial court granted summary judgment. We reverse. |
Davidson | Court of Appeals | |
State of Tennessee v. Charles Edward Young
A Bedford County Jury convicted Defendant, Charles Edward Young, of: (1) especially aggravated robbery; (2) first degree murder during the perpetration of a robbery; (3) premeditated first degree murder; and (4) conspiracy to commit especially aggravated robbery. The trial court imposed an effective sentence of life plus ninety years. On appeal, Defendant argues that the trial court erred in denying Defendant’s motion to suppress the evidence obtained from his cell phone; the court erred in declining to compel the State to disclose evidence pursuant to Brady v. Maryland, 373 U.S. 83 (1963); and that the jury’s verdicts are against the weight of the evidence. After review, we affirm the judgments of the trial court. |
Bedford | Court of Criminal Appeals | |
Dennis Steven Payne v. Estate of Wilmuth V. Groves Et Al.
In this probate matter, the plaintiff filed a petition to establish a lost will, submitting for admission to probate a copy of a handwritten document alleged to be the decedent’s holographic will. The trial court determined that the handwritten document met the requirements for a holographic will and that the plaintiff overcame the presumption of revocation afforded to a lost will. The decedent’s intestate heirs appealed. We affirm the decision of the trial court. |
Montgomery | Court of Appeals | |
State of Tennessee v. Jason Lee Kinser
In March 2021, the Knox County Grand Jury issued an indictment, charging Defendant, Jason Lee Kinser, with rape and aggravated burglary. Following a trial, a jury found Defendant guilty as charged, and the trial court imposed an effective sentence of thirty years’ incarceration. On appeal, Defendant contends that he is entitled to plain error relief based upon testimony during trial that Defendant’s name was in a criminal justice database. Defendant also contends that he was under the influence of drugs during trial and was incompetent to waive his right to testify. Following a thorough review, we affirm the judgments of the trial court. |
Knox | Court of Criminal Appeals | |
In Re Estate of Richard Wayne Penniman
This appeal arises out of the trial court’s removal of the appellant as co-personal representative of a probate estate. The appellant also appeals the trial court’s ruling that he forfeited his right to a share of the estate assets. Discerning no reversible error, we affirm. |
Davidson | Court of Appeals | |
Jeffery Riley v. State of Tennessee
A pro se litigant brought suit against the State of Tennessee in the Tennessee Claims Commission, where his suit was dismissed for a lack of jurisdiction and a failure to abide by the statute of limitations. We hold that the appellant has waived all issues on appeal by failing to set forth a legal argument, and we affirm the judgment of the Claims Commission. |
Court of Appeals | ||
Victoria C. Jensen v. Tyler C. Jensen
In this divorce action, the husband appeals the trial court’s (1) distribution of the marital estate; (2) award to the wife of modifiable transitional alimony; and (3) two awards to the wife of alimony in solido, one for half of what the court found to be assets dissipated by the husband and one for attorney’s fees incurred in prosecuting the divorce. The husband also appeals the trial court’s adoption of the wife’s proposed permanent parenting plan and a requirement that the husband attend in-person reunification therapy with the parties’ children in their home city of Chattanooga. Upon careful review, we determine that the trial court erred in failing to set a determinate time period for transitional alimony, and we accordingly modify the transitional alimony award to a five-year period. We affirm the trial court’s judgment in all other respects. Exercising our discretion, we deny the wife’s request for an award of attorney’s fees on appeal. |
Hamilton | Court of Appeals | |
In Re Kurt R. Et Al.
This action involves the termination of a father’s parental rights to his minor children. Following a bench trial, the court found that clear and convincing evidence existed to establish the statutory grounds of severe child abuse and failure to manifest an ability and willingness to assume custody of the children. The court also found that termination was in the best interest of the children. We affirm the trial court’s termination decision. |
Anderson | Court of Appeals | |
In Re Amiyah W. Et Al.
This is a termination of parental rights case. The trial court terminated Mother’s parental rights to the two minor children on the grounds of: (1) abandonment by failure to visit; (2) abandonment by failure to establish a suitable home; (3) substantial noncompliance with the permanency plans; (4) severe child abuse; (5) persistence of the conditions that led to the children’s removal; and (6) failure to manifest an ability and willingness to assume custody. The trial court also determined that termination of Mother’s parental rights is in the children’s best interests. As an initial matter, Mother asserts that, having surrendered her parental rights at the outset of the hearing (she later rescinded her surrender), the trial court was required to continue the hearing under Tennessee Code Annotated section 36-1-112. We hold that Tennessee Code Annotated section 36-1-112 does not require a trial court to either continue or delay a contested termination hearing when a parent surrenders his or her parental rights before or during the hearing. We reverse the trial court’s termination of Mother’s parental rights on the ground of severe child abuse. We affirm the trial court’s termination of Mother’s parental rights on all remaining grounds and on its finding that termination of Mother’s parental rights is in the children’s best interests. |
Franklin | Court of Appeals | |
State of Tennessee v. Courtney B. Mathews
In 1996, a Montgomery County jury convicted the Defendant, Courtney B. Mathews, of four counts of felony murder and one count of especially aggravated robbery. The Defendant received consecutive terms of life imprisonment without the possibility of parole for each felony murder conviction and twenty-five years for the especially aggravated robbery conviction. This court affirmed his convictions and sentences on direct appeal. The Defendant sought post-conviction relief, and this court subsequently held that he was entitled to post-conviction relief with respect to the motion for a new trial. On remand, the Defendant filed an amended motion for a new trial, and following a hearing, the trial court reduced his sentence for especially aggravated robbery to twenty years but otherwise denied his motion. On appeal, the Defendant raises challenges regarding the sufficiency of the evidence supporting his conviction for especially aggravated robbery, the validity of the indictment, and the State’s failure to elect an offense; the admission into evidence of a black denim jacket; the State’s failure to correct false testimony; the trial court’s failure to grant a mistrial based on an impermissible outside influence on the jury; the trial court’s refusal to allow additional closing arguments after it gave a supplemental jury instruction on criminal responsibility during jury deliberations; the trial court’s failure to issue an enhanced identification jury instruction; the trial court’s jury instruction on the reliability of fingerprint evidence; the State’s reliance on the especially heinous, atrocious, or cruel aggravating circumstance during his trial while asserting that the aggravating circumstance could not be supported during the co-defendant’s subsequent trial; and the trial judge’s failure to recuse himself from the trial and post-trial proceedings. The Defendant also argues that the cumulative effect of the errors entitles him to a new trial. Upon our review, we respectfully disagree and affirm the judgments of the trial court. |
Montgomery | Court of Criminal Appeals | |
In Re Josephine H. et al.
This is a dependency and neglect case. Appellants/parents do not dispute the trial court’s finding that the children are dependent and neglected. Rather, the sole issue involves whether the trial court’s disposition, under Tennessee Code Annotated section 37-1-130, was made in compliance with section 37-1-130(c) and, if so, whether the placement of the children with their aunt was “best suited to the protection and physical, mental and moral welfare of the child[ren].” Tenn. Code Ann. § 37-1-130(a). Affirmed and remanded. |
Montgomery | Court of Appeals | |
State of Tennessee v. Vincent Tredeau McCord
The defendant, Vincent Tredeau McCord, was convicted of three counts of rape of a child, three counts of aggravated sexual battery, and one count of sexual exploitation of a minor by electronic means, and he was sentenced to an effective term of sixty years in the Tennessee Department of Correction. On appeal, the defendant argues that the evidence is insufficient to sustain his convictions and that the trial court erred in allowing testimony that the victim’s mother suffered a medical event that caused the loss of a pregnancy. Following a thorough review of the record, the briefs, and oral arguments of the parties, we affirm the judgments of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Taylor Wolfinger
Defendant, Taylor Wolfinger, appeals a judgment from the Blount County Circuit Court revoking his probation and ordering him to serve the balance of his previously ordered probationary sentence in confinement. On appeal, Defendant argues that the trial court abused its discretion by finding that he violated the terms of his probation and revoking his probation to serve his original sentence. After review, we affirm the judgment of the trial court. |
Blount | Court of Criminal Appeals | |
Brittany Lee-Ann Stanifer v. Derrick Tyler Stanifer
This appeal arises from a permanent parenting plan entered after the father requested a modification of the existing plan. The father argues that the trial court failed to properly weigh the evidence when establishing the plan. However, the plan did not include a determination of child support. Thus, the order appealed is not final, and we lack subject matter jurisdiction to consider the issue raised. Accordingly, this appeal is dismissed. |
Campbell | Court of Appeals | |
Kevin Millen v. Tennessee Department of Labor & Workforce Development, et al.
Pro se Appellant, Kevin Millen, has appealed an order of the Shelby County Chancery Court that was entered on April 19, 2024. We determine that the trial court’s order does not constitute a final appealable judgment. Therefore, this Court lacks jurisdiction to consider the appeal. The appeal is, therefore, dismissed. |
Shelby | Court of Appeals | |
State of Tennessee v. Joshua Adam Hill
Following a trial, a jury convicted Defendant, Joshua Adam Hill, on two counts of aggravated rape, one count of incest, and one count of sexual battery by an authority figure, for which he was sentenced to an effective twenty-five years’ incarceration. On appeal, Defendant contends that the evidence at trial was insufficient to support his convictions for aggravated rape and sexual battery by an authority figure and that the trial court committed plain error when it instructed the jury on the elements of those offenses. Following a thorough review, we affirm the judgments of the trial court. |
Carter | Court of Criminal Appeals | |
State of Tennessee v. Martinez Carter
The defendant, Martinez Carter, appeals the order of the trial court revoking his probation and ordering him to serve his eight-year sentence in confinement. Upon our review of the record, the parties’ briefs, and oral arguments, we affirm the revocation and disposition of the defendant’s probation. |
Maury | Court of Criminal Appeals | |
In Re Mia C.
There is much in the Majority Opinion with which I agree, including the reprehensibility of Father’s conduct toward Mother during their relationship and the inappropriate nature of his “discipline” of the Child. However, because the trial court relied heavily on witness credibility determinations in finding that the termination of Father’s parental rights was not in the Child’s best interest, I must respectfully dissent from the Majority Opinion’s decision to terminate. |
Hamilton | Court of Appeals | |
In Re Mia C.
I wholly concur with Judge Frierson’s well-reasoned conclusion that our de novo review of the underlying record in this case demonstrates that Mother and Stepfather have presented clear and convincing evidence that termination of Father’s parental rights is in Mia’s best interest. I write separately to address the important concerns raised by Judge Stafford in his thoughtful dissent. |
Hamilton | Court of Appeals | |
In Re Mia C.
This case involves termination of the parental rights of a biological father to his minor child. Following a bench trial, the trial court found that the statutory ground of abandonment by failure to support had been proven by clear and convincing evidence. However, the trial court declined to find that termination of the father’s rights was in the child’s best interest and accordingly denied the termination petition. The petitioners have appealed. Upon thorough review, we conclude that the trial court erred in its determination concerning the best interest analysis. Accordingly, we reverse the trial court’s denial of the termination petition, and we grant termination of the father’s parental rights. |
Hamilton | Court of Appeals | |
State of Tennessee v. Asata Lowe
The Defendant, Asata Lowe, appeals from the Blount County Circuit Court’s dismissal of |
Blount | Court of Criminal Appeals | |
SH Trelleborg Cadence, LLC v. Thomas Smythe et al.
Tenant appeals the trial court’s determination that (1) he breached his lease by failing to pay water bills for several years and (2) the apartment complex did not breach the lease by bringing the underlying eviction proceedings. The apartment complex also appeals the trial court’s grant of only some of its attorney’s fees. Because we conclude that there was no meeting of the minds regarding the payment for water services, we reverse the trial court’s finding of a breach of contract. We further determine that Cadence is entitled to quantum meruit relief, and we remand for a determination of the reasonable value of the utilities used by the tenant. We also vacate the trial court’s award of attorney’s fees and remand for the determination and calculation of those fees allowed. |
Williamson | Court of Appeals | |
State of Tennessee v. John D. Baskette
A Hamblen County jury convicted the Defendant, John D. Baskette, of attempted theft of property valued over $60,000 but less than $250,000. The trial court sentenced the Defendant to an effective five-year term, which was suspended to probation after six months of confinement. On appeal, the Defendant argues that the proof is legally insufficient to support his conviction. He also asserts that the trial court failed to charge the jury on the affirmative defense of a claim of right. Upon our review, we respectfully affirm the judgment of the trial court. |
Hamblen | Court of Criminal Appeals | |
State of Tennessee v. Robert C. Clanton
The defendant appeals from the Bedford County Circuit Court’s partial denial of his motion seeking resentencing pursuant to Tennessee Code Annotated section 39-17-432(h). Upon our review of the oral arguments, applicable law, and the briefs of the parties, we affirm the judgment of the trial court. |
Bedford | Court of Criminal Appeals | |
State of Tennessee v. Aaron Dean Whitman
Defendant, Aaron Dean Whitman, was convicted by a Blount County jury of violating the sex offender registry, for which he received a sentence of 391 days’ incarceration. On appeal, Defendant argues that the trial court erred by denying his motion to stipulate to his prior convictions, for which he was required to register as a sex offender. Upon review, we conclude that the trial court erred by allowing evidence of the named offenses for which Defendant was convicted; however, we determine that the error was harmless and affirm Defendant’s conviction. |
Blount | Court of Criminal Appeals |