APPELLATE COURT OPINIONS

The Appellant, Donnie Bridges, was convicted in the Knox County Criminal Court of driving under the influence (DUI) per se, third offense, a Class A misdemeanor; simple possession of cocaine, a Class A misdemeanor; and driving on a revoked license, a Class B misdemeanor. After a sentencing hearing, the trial court sentenced him to eleven months, twenty-nine days for DUI to be served as 120 days in jail followed by supervised probation; eleven months, twenty-nine days for simple possession to be served on supervised probation consecutive to the DUI sentence; and six months for violating the driver’s license law to be served on supervised probation concurrently with the DUI sentence. On appeal, the Appellant contends that the trial court erred by refusing to dismiss the presentment or suppress his blood test results because the State failed to preserve his blood sample, that the trial court committed plain error by admitting the results of his blood test into evidence because the State failed to establish a chain of custody for his blood sample, and that the evidence is insufficient to support his convictions of DUI per se, third offense, and driving on a revoked license. Based upon the record and the parties’ briefs, we affirm the judgments of the trial court.

Plaintiff Kelly Phelps brought this action for sexual harassment, discrimination, and retaliation under the Tennessee Human Rights Act (“THRA”) against her employer, the State of Tennessee. Plaintiff worked as a server at the restaurant at Paris Landing State Park (“the park”). She alleged that Josh Walsh, the assistant park manager who was described as “second in command” at the park, sexually assaulted her at an “after-party” on State property that immediately followed a Halloween party hosted by the park at the restaurant and inn. She further alleged that after she reported the incident, Defendant, among other retaliatory actions, allowed Walsh to continue working around her at the park as usual, and to continue harassing and threatening her. Following extensive discovery, Defendant moved for summary judgment. The trial court found that there were genuine issues of material fact as to whether Walsh was Plaintiff’s supervisor; whether he “sexually harassed women at Paris Landing State Park prior to the Halloween party” and Defendant was aware of it; and whether “a reasonable fact-finder could conclude that Mr. Walsh’s action in grabbing [Plaintiff] by the neck and thrusting his body against her in a sexual manner was ‘extremely serious’ and sufficient to impose liability on the Defendant.” However, the trial court granted summary judgment to Defendant because it found that the sexual assault did not occur “in the workplace.” Regarding the retaliation claim, the trial court held that Plaintiff did not establish that Defendant took a “materially adverse action” against her after she reported the assault. We hold that there are genuine issues of material fact regarding whether the alleged harassment and discrimination affected a term, condition, or privilege of Plaintiff’s employment, and whether Defendant unlawfully retaliated against her. We vacate the judgment of the trial court.

In this action involving a commercial lease, the trial court granted judgment in favor of the lessee, determining that the lessor had materially breached the lease. The court further determined that the lessor was liable for negligent misrepresentation, due to its misrepresentations concerning the condition of the roof on the leased building and its intent to repair the roof, and constructive eviction, due to its failure to timely repair the building and render it tenantable. The court awarded compensatory damages to the lessee in the amount of $193,006.35 as well as attorney’s fees in the amount of $69,002.68. The lessor has appealed. Discerning no reversible error, we affirm.

This appeal concerns a disposition in a dependency and neglect case. Leslie S. (“Mother”) is the mother of the subject minor children Isabella S., Macie S., and Gabriel S. (“the Children,” collectively). The Children’s maternal grandparents Sheila W. and Richard W. (“Grandparents”) filed a petition for dependency and neglect in the Juvenile Court for Williamson County (“the Juvenile Court”). The Juvenile Court adjudicated the Children dependent and neglected. In the disposition phase, the Juvenile Court awarded Grandparents permanent guardianship of the Children, with Mother to exercise only supervised visitation. Mother appealed to the Circuit Court for Williamson County (“the Circuit Court”), which reached the same result. Mother now appeals to this Court, arguing that the Children should be returned to her custody or, alternatively, that her visits be unsupervised. The Circuit Court found, among other things, that Mother’s fiancé Allen M. (“Fiancé”) had engaged in sexually predatory behavior, and that Mother was in denial about the threat Fiancé posed to the Children. The evidence does not preponderate against that or the Circuit Court’s other factual findings. We affirm.

The plaintiff commenced this action by alleging that the City of Mount Juliet failed to adequately light a public park and neglected to make the park safe for walking at night, conditions which caused her to fall and sustain severe personal injuries. The City responded by filing a Tenn. R. Civ. P. 12.02(6) motion to dismiss, claiming it was immune from suit under the Governmental Tort Liability Act. Following numerous filings by the plaintiff in opposition to the motion and after a hearing, the court granted the motion on the basis that the complaint did not plead facts sufficient to remove immunity from the City. Therefore, the court dismissed all claims. This appeal followed. We affirm.

Upon a review of the record, we have determined that the notice of appeal was not timely filed in accordance with Rule 4(a) of the Tennessee Rules of Appellate Procedure. The Circuit Court for Hamilton County (“the Trial Court”) entered its judgment on November 15, 2019. Both parties timely filed motions to alter or amend pursuant to Tenn. R. Civ. P. 59.01. The Trial Court entered its order addressing the motions to alter or amend on February 21, 2020.

A jury convicted the Defendant, John Christopher Schubert, of aggravated robbery, robbery, theft, tampering with evidence, resisting arrest, and disorderly conduct. The Defendant received an effective eighteen-year sentence. On appeal, the Defendant contends that the State presented insufficient proof regarding his identity, that his convictions for resisting arrest and disorderly conduct violate the prohibition against double jeopardy, that the trial court improperly admitted hearsay evidence, and that the trial court erroneously gave an instruction on flight. After a thorough review of the record, we discern no error and affirm the judgments of the trial court.

This appeal concerns the trial court’s entry of judgment on an appeal bond for attorney fees. We affirm the trial court in all respects.

Mother filed a petition under the Uniform Interstate Family Support Act, seeking establishment of paternity and a child support order against Father, who is incarcerated. The State of Tennessee is acting on Mother’s behalf, and Father is acting pro se. Father filed multiple pretrial motions in the trial court, which the trial court did not rule on before the trial on Mother’s petition. Additionally, the trial court’s order fails to comply with Rule 52.01 of the Tennessee Rules of Civil Procedure and is apparently not based on any properly admitted evidence. Therefore, we vacate the trial court’s order and remand for a new trial.

Defendant-Appellant, Morris Long, was convicted by a Dickson County jury of first-degree premeditated murder, Tenn. Code Ann.
§ 39-13-202, and sentenced to life imprisonment. The sole issue presented for our review is whether the evidence was sufficient to support his conviction. Upon our review, we affirm the judgment of the trial court.

The Petitioner, Zachary Pence, was convicted of aggravated rape of a child, aggravated child abuse, and child abuse. See Tenn. Code Ann. §§ 39-13-531, -15-401, -15-402. He was subsequently sentenced to sixty years. Following denial of his direct appeal, the Petitioner filed a petition seeking post-conviction relief, alleging that trial counsel was ineffective based on the following grounds: (1) failing to prepare for trial and to prepare the Petitioner to testify at trial; (2) failing to investigate; and (3) failing to provide the Petitioner with audio recordings until the day prior to trial. Following our review, we affirm the judgment of the post-conviction court.

This Court suspended an attorney from practicing law for six months, with one month on active suspension. The discipline resulted from a report of misconduct received by the Tennessee Board of Professional Responsibility in 2013. In 2018, we reinstated the attorney to the practice of law based on his eligibility for reinstatement and his compliance with the order of discipline. Before being reinstated, the attorney agreed to a monthly payment plan to satisfy the Board’s assessed costs from the disciplinary case. Soon after he was reinstated, the attorney petitioned the Board to revoke the agreed costs. The attorney argued he did not owe the costs because the Board improperly assessed costs under Tennessee Supreme Court Rule 9 in effect when the 2013 disciplinary proceeding was initiated instead of Rule 9 in effect when he was reinstated. A hearing panel found the Board had properly assessed costs based on Rule 9 in effect when the disciplinary proceeding began. The attorney appealed. We affirm. Based on this Court’s Order promulgating revised Rule 9 and our subsequent decisions, the version of Rule 9 that was in effect when the disciplinary case was initiated in 2013 governs the assessment of costs regardless of when this Court reinstated the attorney to the practice of law. Thus, we hold the Board followed the correct procedure in assessing costs. We order the attorney to pay the costs assessed against him within forty-five days of the filing of this opinion. Failure to timely pay the costs may serve as a ground for revocation of the attorney’s reinstatement to practice law.

This appeal arises from a post-divorce Petition to Modify Child Support and Declare Child to be Severely Disabled. After an evidentiary hearing, the court determined the parties’ daughter had a severe disability and ordered the father to continue paying child support beyond the age of 21. The father raises three issues on appeal: (1) Did the trial court err in determining that the parties’ daughter had a severe disability; (2) Did the trial court err in awarding child support beyond the age of 21 without making specific factual findings that the daughter was living under the care and supervision of the mother and it was in the daughter’s best interest to remain in the mother’s care; and (3) Did the trial court err in determining the amount of child support the father owed? We find the preponderance of the evidence supports the trial court’s determination that the daughter has a severe disability, and it is in the daughter’s best interest to remain in her mother’s care. As for the amount of the child support award, the father primarily argues the daughter is underemployed; therefore, the court should have imputed additional income to her. We have determined that the trial court correctly identified and applied the relevant legal principles, the evidence supports the trial court’s determination regarding the daughter’s ability to earn income, and the award of child support is within the range of acceptable alternatives. Therefore, we affirm the trial court’s decision in all respects

This appeal arises from the summary dismissal of an inmate’s petition for declaratory judgment pertaining to the calculation of his release eligibility date. The inmate was convicted of two felonies and ordered to serve a life sentence for the first felony and a 15- year sentence for the second, with the sentences to be served consecutively. When calculating his release eligibility date, the Tennessee Department of Correction (“TDOC”) applied the inmate’s pretrial jail credits to the life sentence but not to the 15-year sentence.  The inmate claimed that TDOC erred by failing to apply the credit to both sentences because the criminal court included the credit on both sentencing orders. While the inmate’s petition was pending, the criminal court issued a corrected sentencing order for the 15-year sentence, in accordance with Rule 36 of the Tennessee Rules of Criminal Procedure, removing the pretrial jail credits. Thereafter, TDOC filed a motion for summary judgment, and the trial court granted the motion, determining that TDOC complied with the criminal court’s judgment and the applicable law. We affirm.

This appeal arises from the summary dismissal of an inmate’s petition for declaratory judgment pertaining to the calculation of his release eligibility date. The inmate was convicted of two felonies and ordered to serve a life sentence for the first felony and a 15-year sentence for the second, with the sentences to be served consecutively. When calculating his release eligibility date, the Tennessee Department of Correction (“TDOC”) applied the inmate’s pretrial jail credits to the life sentence but not to the 15-year sentence. The inmate claimed that TDOC erred by failing to apply the credit to both sentences because the criminal court included the credit on both sentencing orders. While the inmate’s petition was pending, the criminal court issued a corrected sentencing order for the 15-year sentence, in accordance with Rule 36 of the Tennessee Rules of Criminal Procedure, removing the pretrial jail credits. Thereafter, TDOC filed a motion for summary judgment, and the trial court granted the motion, determining that TDOC complied with the criminal court’s judgment and the applicable law. We affirm. 

The defendant, Regina Jackson, appeals her Cheatham County Circuit Court jury conviction of second offense driving under the influence (“DUI”), arguing that the trial court erred by denying her motion to dismiss for lack of probable cause and by denying her a new trial based on newly discovered evidence. Discerning no error, we affirm.

PHI Air Medical brought suit based on unjust enrichment and action on sworn account against Corizon for air ambulance services it provided without a contract after Corizon paid only a portion of the billed amount, citing its practice of paying according to statutory caps and Medicare rates. The trial court granted summary judgment, finding that the preemption clause of the Airline Deregulation Act, 49 U.S.C. § 41713, which provides that a state “may not enact or enforce a law, regulation, or other provision having the force and effect of law related to a price, route, or service of an air carrier that may provide air transportation,” preempts PHI’s claims. We affirm the trial court’s finding that PHI’s claims are preempted and that summary judgment was proper. We reverse the trial court’s grant of PHI’s voluntary nonsuit of a claim that PHI did not plead.

A mother appeals the juvenile court’s decision to terminate her parental rights based on four statutory grounds. She also challenges the juvenile court’s finding by clear and convincing evidence that termination of her parental rights was in the best interest of the children. We affirm the juvenile court’s termination of the mother’s parental rights.

A Tennessee Supreme Court Rule 10B petition for recusal appeal was filed in this Court following the denial of a motion that sought the disqualification of the trial court judge. For the reasons stated herein, we affirm the trial court’s denial of the motion.

This appeal involves a fraud claim filed against an attorney by his former client. The attorney conceded that the client had been double-billed for some charges and repaid the client for those matters prior to trial. However, the client, now pro se, continued to pursue his claim for fraudulent billing, insisting that fraud extended to the entire invoice. He also claimed that the attorney had charged a higher hourly rate than agreed. After a bench trial, the trial court found that the client failed to demonstrate that the attorney intentionally misrepresented the amounts owed by the client and failed to present sufficient evidence of fraud. As such, the trial court dismissed the claim and granted the attorney’s request for discretionary costs. The client appeals. We affirm in part, reverse in part, and remand for further proceedings.

The petitioner, Terrell B. Johnson, appeals the denial of his post-conviction petition arguing the post-conviction court erred in finding he received the effective assistance of counsel at trial and on appeal. Following our review, we affirm the post-conviction court’s denial of the petition.

This appeal concerns an administrative judge’s decision to exclude several exhibits in a contested case between a hospital and the TennCare Division of the Tennessee Department of Finance and Administration. At issue in the contested case is the validity of two TennCare rules that regulate payment for emergency services provided to Medicaid beneficiaries when the hospital has no contract with the beneficiaries’ managed care provider. The exhibits contain out-of-court statements made by industry representatives and federal agency employees about the meaning and application of federal and state law. TennCare asserts that the exhibits are necessary to show the reasonableness of its decision-making process. The healthcare services provider argues that the exhibits contain irrelevant, inadmissible hearsay. Having determined that the exhibits are not admissible under the Uniform Administrative Procedures Act, we affirm the administrative judge’s ruling.

A Davidson County jury found Defendant, Kenzi Eugene Anderson, guilty on two counts each of aggravated burglary, employing a firearm during the commission of a dangerous felony, and aggravated robbery, for which the trial court sentenced Defendant to an effective sentence of twenty-three years’ incarceration. On appeal, Defendant contends that the trial court abused its discretion by denying Defendant’s motion to sever defendants and by imposing an excessive sentence and that the trial court committed plain error by failing to sever his offenses for trial. Following a thorough review, we affirm the judgments of the trial court.

The Appellant, Gary Wayne Bunch, pled guilty to two counts of theft under $1,000. The trial court sentenced him to concurrent sentences of ten years for each offense, and he was placed on supervised probation. Upon finding that the Appellant violated the conditions of his probation, the trial court revoked the Appellant’s probation and ordered him to serve his sentence in confinement. On appeal, the Appellant challenges the ruling of the trial court. Upon review, we affirm the judgment of the trial court.

I concur fully with the conclusion reached by the majority that there was evidence to support the trial court’s decision to revoke Defendant’s probation and to order Defendant to serve the balance of his original sentence in incarceration. I write separately to affirm my belief expressed in my concurring opinion in State v. Craig Dagnan, No. M2020- 00152-CCA-R3-CD, 2021WL 289010, at *3 (Tenn. Crim. App. Jan. 28, 2021), perm. app. filed, that once a determination is made that a defendant has violated the conditions of his or her probation, neither an additional hearing nor any additional findings are statutorily mandated of a trial court to determine the manner in which the original sentence should be served. Thus, there is no opportunity for an abuse of discretion when a “second exercise of discretion” is not required by either sections 40-35-310 or 40-35-311 of Tennessee Code Annotated.